Reflections wrote:I think that what Radar Identified was getting at was that if Officer "A" tags a car then Officer "B" tags a car, was there time to run the test(s) in between and does the test by one officer count as the testing by the second officer, i.e. If Officer "A" tests after he stops a car can Officer "B" use that test, in his notes, as his before the stop test?
Exactly what I was getting at!
hwybear wrote:What would another officers notes have to do with someone that they are not involved with?
Well... if multiple operators... did they each test the device? Or did they each observe the test(s) that were performed? How do they know the device was tested and the test showed that it was working okay if they didn't all test it themselves or see it done? Raises possible question of whether the device was accurate or not. Would think that you'd need the officer who tested it plus the officer who stopped the driver to testify to its accuracy. If a different officer tested the device, it would (hopefully) be in their notes, hence the reason for asking for the notes of all officers involved: Get a good picture of the test, setup, etc. The whole "care and control" issue is because of who tested the device and when.
For the roadside before and after test, the defence might say "it was hot outside, 35C, really humid, you were in the sun, device was in use for 2 hours. How do you know that after continuous use it wasn't starting to overheat and give improper readings?" Testing before & after the stop almost eliminates the possibility that there was an intermittent malfunction that Squishy brought up. They might also bring forward other theories, such as proximity to power lines.
Reflections also brings up another point... what if something happened during the program, and then after the program, the device failed the test? How many tickets would get quashed as a result...?
Hey, it could happen!