Transportation and Vehicle Safety: 22349 (a) VC, Trial By Declaration, radar type, radar unit

Question
I was cited for violation of 22349 (a) VC.  I've already pleaded "Not Guilty" and requested a trial by declaration (TBD).  The specifics are 75+ in a 65 on a 2-lane highway.  There was a lot of traffic around me at the time.  How do I prove mistaken tag?  How do I ask if the radar was calibrated properly and if the officer is qualified to use it?  Is my defense limited because it's a TBD?

Answer
Hello John and welcome to AllExperts!

A Trial by Declaration does not disqualify you from any motions you could make in person before a Magistrate. Now whether a judge will allow such a motion is another matter.

I recommend you request a Discovery Motion regarding any facts which will be made before the court:

1) Radar type, last calibration, and results from the calibration.
2) Officers training in the use of radar, and particularly the type of radar unit he had used to identify your vehicle.
3) Probable cause to believe that your vehicle was properly identified.
4) Data to establish proof against a false return.
5) Data to establish accuracy of differentiation based on a positive return in regards to vehicles surrounding yours.

You cannot prove a mistaken tag. Your only defense is to establish reasonable doubt based on the data listed above, that your vehicle was not properly identified (tagged). If LADAR was used, you're chances are 1 in million however, due to its accuracy, narrow beam, discriminators and so on.

Good luck!

Terry