Texas officer missing radar training certificate etc,

[megastrade808]

I am set for trial in near future to dispute a speeding violation. Prior to the trial I asked the court to subpoena a list of documents from the police department: officer's
a.radar unit calibration and maintenance,
b.radar training certificate,
c.tuning forks and their calibration,
d.the radar used,
e.FCC license of agency,
f.history of makes, models, and serial numbers of radar units,
g.video footage.

Of these requested the following were not provided:
officer's
a.radar unit calibration and maintenance
b.radar training certificate,
c.tuning forks and their calibration,
d.the radar used,


Do I have a case? Will the judge consider these as a cause for dismissal?
I know states differ in how such violations are handled. I am looking for info that applies to North Richland Hills, Texas

 

[tpajet]

Without the training certificate at the calibration record, you do have a better shot at fighting this, but still not 100%. It is pretty damaging to the states case, so I would bring it up in court anyway. But another thing you have on your side is the speeding laws in Texas. There are two basic types of speeding laws, which most states fall under one or the other, although some are mixed. One is Absolute, which means that if the sign says 55MPH and you were going any faster than that, then game over.

However, Texas falls under Prima Facie. In this case, yes you were over, but you can argue that the speed was still safe. So, if you were on an open highway with a 45 MPH limit, doing 55, you could argue that even though you exceeded the limit, it was still not an unsafe speed. But you could not use the same argument for speeding in a residential neighborhood. But the point to this is that Texas is a bit more liberal on this than most other states.