Today I had my court trial for CVC 22349(a) infraction. My defense strategy was to attack the laser evidence, and I thought I was doing a good job. I got the officer to admit that the laser unit was not tested with an object moving at a known speed (e.g., a pace car). He only testified to doing the system check and a distance test. I asked how he could-with a legal degree of certainty-be sure the unit was operating correctly if it was not tested against a moving object. The officer said something to the effect of the device wouldn't work if it wasn't calibrated...So he didn't really answer the question.
I asked the judge to exclude the laser evidence because a proper foundation had not been laid. The judge denied the request. I mentioned the well-known New Jersey and Hawaii rulings regarding admissibility of laser evidence. The judge said that those are other states so they may be persuasive but not binding case law in California. She also stated she is not aware of any requirement to test the laser unit against a moving object.
With my key defense tactic denied, I knew I was defeated. The judge delivered a guilty ruling.
So, what are my chances at winning an appeal? From my description of the proceedings, did the judge make a legal error?
I asked the judge to exclude the laser evidence because a proper foundation had not been laid. The judge denied the request. I mentioned the well-known New Jersey and Hawaii rulings regarding admissibility of laser evidence. The judge said that those are other states so they may be persuasive but not binding case law in California. She also stated she is not aware of any requirement to test the laser unit against a moving object.
With my key defense tactic denied, I knew I was defeated. The judge delivered a guilty ruling.
So, what are my chances at winning an appeal? From my description of the proceedings, did the judge make a legal error?
Speeding Tickets: Should I Appeal This Conviction - California Laser Ticket CVC 22349(A)
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