invalid stop?

Question

Illegal (invalid) traffic stop for speeding?
Is a radar reading admissable evidence if the radar unit was not recently calibrated, maintenance and calibration records are not available, and the radar gun itself cannot be located (disposed of, or in storage, whereabouts unknown)? Is there a legal precedent, preferably from MN court? If the radar evidence is thrown out, can the stop be based solely on the officer's visual estimation (at night, coming from opposite directions, and the officer was in his third month of active duty)? Any legal precedent here?

Answer 1

You have the right to collect evidence to defend yourself in a court of law. If you don't have legal representation (and why would you? It's traffic court), call the clerk of the court and ask the procedure for documenting your request for evidence.



If the records are genuinely unavailable, and the radar gun has been misplaced, you should seek to have the case against you dismissed.

Answer 2

There may well be some legal precedent for at least one of your allegations.



However, I doubt you will find an attorney who will do your legal research for you online for free.



Contact and hire an attorney in your area.

Answer 3

Quit speeding, and pay your ticket. You know there are other people on the road. That's how accidents happen.