OBJECTIONS - (Stand up to OBJECT)

More than one Officer or Witness – Motion to Exclude Witnesses so they can’t hear each other’s testimony.

Officer reading from notes - OBJECTION – INDEPENDANT RECOLLECTION, the witness is reading from notes. May I have a copy of those notes?

Officer quotes ANYONE, especially another Officer – HEARSAY

Officer quotes something I said but Defendant Statement was never provided - OBJECTION, I asked for Defendant statements in Discovery. Motion to Suppress pursuant to 7:7-7(j)

Officer says Speed Limit was “X” MPH - OBJECTION YOUR HONOR - FOUNDATION, could the State show proof of Speed Limit on that road?

Officer gives Visual Estimate of the defendant’s vehicle speed - OBJECTION YOUR HONOR - FOUNDATION, could the State show proof of officer training and appropriate skill level?

Officer says Radar clocked the defendant’s vehicle going “X” MPH - OBJECTION YOUR HONOR - FOUNDATION, could the State show proof of officer training, proper use, and radar calibration?

Officer says Speedometer was at “X” MPH - OBJECTION YOUR HONOR - FOUNDATION, could the State show proof of Speedometer calibration?

State tries to enter Calibration Certificates into evidence - OBJECTION FOUNDATION, who is the Declarant and what are their qualifications? Rules of Evidence 803(c)(6) and 806 - What were their sources of information and methods of collection? The Tuning Fork Calibration Certificates need to meet the Department of Transportation’s minimum requirements.

State asks Officer about the preparation of Calibration Certificates – OBJECTION - HEARSAY WITHIN HEARSAY.

STATE’S BURDEN CHECKLIST – Did the State?

1. Identify the Defendant as operating the vehicle

2. Prove what the Speed Limit was

3. Prove the driver exceeded the Speed Limit

(If not - Motion to Dismiss after State rests)

CROSS-EXAMINATION

• Never ask WHY

• Mostly simple Yes/No questions ending in Right? or Correct?

• One fact per question • Each set of questions lead to a logical goal

• If Officer doesn’t answer questions in a direct way or tells his side of the story. Move to strike Your Honor, respectfully, could the witness please answer my questions only.

• Don’t repeat questions that the State already asked.

CREDIBILITY – MEMORY/PERCEPTION - DO NOT ASK THESE QUESTIONS IF STATE FAILS TO IDENTIFY (Is that person in the courtroom now? Could you please point them out?)

What day of the week was this incident? What time of day?

What color was the vehicle? Was the vehicle a standard issue or were there obvious modifications? (What modifications?)

How many passengers were in the vehicle? Can you give a description of any passengers besides the driver?

RADAR TRAINING / VISUAL ESTIMATION OF SPEED

(Only ask what is NOT included in admitted evidence Radar Certifications)

You were trained to use K-55 radar? (*or whichever speed detection method)

When were you trained to operate K-55 radar?

Where were you trained to operate K-55 radar?

Who trained you? Do you have any written proof of your trainer’s ability or credentials?

Was Visual Estimation part of your speed enforcement training?

Were you trained to compare the clocked speed of target vehicles with your own Visual Estimation?

How close did those two numbers need to be in order to be considered an accurate reading?

What was your Visual Estimation of the target vehicle's speed on the day in question?

Were there any obstacles in between you and the target vehicle when you made the Visual Estimation?

(Show picture if contradicts)

How long did you observe the target vehicle to make your visual estimation?

And during that time, how far did the vehicle travel?

CALIBRATION

Have you read the K-55 Radar operating manual?

Were you using the K-55 Radar Unit according to the manufacturer’s instructions on the day you pulled me over?

When did you calibrate the K-55 Radar Unit on the day in question?

When calibrating the K-55 Radar, what did you strike the tuning fork against?

Compare Officer’s answers to proper operating procedure according to the manual… ask Officer to read specifically from the manual about any inconsistencies.

Radar locked on same mph for different vehicles

How many other citations did you write during your shift?

Did you write any other citations for speeding during that shift?

What were the alleged speeds in those citations?

*Your Honor, may I approach with the Patrol Log? (Show Prosecutor and Judge) This is a copy of the Patrol Log for your shift on the day in question, right? Please read the alleged speeds of the other Speeding defendants that day. Was your radar malfunctioning or should the Court believe that every driver exceeding the speed limit during your shift was going the EXACT SAME SPEED?

OBSTACLES and INTERFERENCE

(Don't ask if there weren't any obstacles or interference at the scene)

Before you pulled me over, you were parked? Where exactly?

How long were you sitting there before you clocked me?

Was it cloudy, clear, or raining? What temperature was it?

Did you have your heater or air conditioner running in the patrol car?

Were you monitoring traffic in both directions or just one direction?

Where exactly was my vehicle when you first clocked me? How far away were you from my vehicle when you clocked me?

Were there any obstacles in between you and me when you clocked me?

Was I travelling uphill, downhill, or neither when you clocked me?

Was I travelling to the left, right, or straight when you clocked me? How many power lines were in the area?

*Ask to approach with picture(s). Does this picture show where you were parked? (or your viewpoint) Ask about pictured power lines, obstructions, road hills/curves. Have officer read from manual concerning these things.

7. Trial Notes - Print and Take to Court