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Old September 1, 2017, 02:33 PM   #52
OldMarksman
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Join Date: June 8, 2008
Posts: 4,022
Quote:
If that finder of fact determines that "Spats McGee drove at 70 mph on Roosevelt Road," that fact becomes true for legal purposes. It does not matter how it was proved, whether anybody clocked me with a radar gun, or anything else. It becomes, legally, a fact.
No.

We're going a bit afield here, but maybe something can be salvaged from that statement.

If a jury decides that someone was driving 70, it can matter a great deal how they arrived at that conclusion.

Even if a radar gun wa used, and the state attempted to introduce the reading as evidence, there would be more to it.

The state could be required to processed the calibration records for the gun in question.

I'm not saying that for the purpose of argument. The rdar engineer who dat net to me at work was the test case. He appealed his conviction as a mater of principle, and he won.

The conviction was thrown out, and precedence regarding the admissibility of speed measurement evidence was established.
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