I currently have a speed camera ticket I want to fight... please teach me your ways. What is Mass v. Mele-Diaz and why did that prevent the state from submitting the CoC?
[+]thelma0 points4 points4 points
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[–]thelma[S]0 points
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Melendez-Diaz ? A case that requires the person who signs a certificate relating to analytical instruments to actually needing to give testimony at trial.
It was a drug case (of course) related to lab equipment used where the state just gave the court a COC and the defendant demanded to examine the person who signed the COC. The lower court said it was not needed..SCOTUS said it was.
There are generally 3 ways for getting your speed in a Motor Vehicle (MV):
1) pacing - car pacing you duh
2) a speed measuring device (SMD)
3) timing you through a marked, known, distance
For (2) these fall into these two type of technologies:
a) RADAR
b) LIDAR
RADAR is calibrated by the user. LIDAR is calibrated at the factory that issues a COC, signed by someone
With LIDAR, for the COC to be admitted into evidence if that someone is not there then an objection to its admittance (COC) is appropriate. Never had one
get admitted due to Melendez-Diaz case (face it-that someone isn't going to show up for trial). w/o evidence that the SMD was calibrated, its reading is garbage. In fact, I object to its reading even being admitted into evidence via objection - lack of foundation and relevance for its admittance.
[–] UrCoolerOlderBrother 0 points 2 points 2 points (+2|-0) ago
I currently have a speed camera ticket I want to fight... please teach me your ways. What is Mass v. Mele-Diaz and why did that prevent the state from submitting the CoC?
[–] thelma [S] 0 points 4 points 4 points (+4|-0) ago (edited ago)
Melendez-Diaz ? A case that requires the person who signs a certificate relating to analytical instruments to actually needing to give testimony at trial.
It was a drug case (of course) related to lab equipment used where the state just gave the court a COC and the defendant demanded to examine the person who signed the COC. The lower court said it was not needed..SCOTUS said it was.
There are generally 3 ways for getting your speed in a Motor Vehicle (MV):
1) pacing - car pacing you duh
2) a speed measuring device (SMD)
3) timing you through a marked, known, distance
For (2) these fall into these two type of technologies:
a) RADAR
b) LIDAR
RADAR is calibrated by the user. LIDAR is calibrated at the factory that issues a COC, signed by someone
With LIDAR, for the COC to be admitted into evidence if that someone is not there then an objection to its admittance (COC) is appropriate. Never had one get admitted due to Melendez-Diaz case (face it-that someone isn't going to show up for trial). w/o evidence that the SMD was calibrated, its reading is garbage. In fact, I object to its reading even being admitted into evidence via objection - lack of foundation and relevance for its admittance.
[–] thelma [S] 0 points 1 point 1 point (+1|-0) ago
Speed camera ticket ? LOL
Does the place (state/town) law say that the speed measured is prima-facia evidence or is automatically considered evidence? LOL
You have some research on your speed-camera case law. Have fun !