Once the prosecutor has made his opening statement and presented this paper work as evidence, the police officer will then give his testimony. The officer will also give reference to the fact the calibration paper work is present in court.

Once the officer is done, it will be your turn to cross examine him.

First, ask the officer for proof his radar gun was tested and/or calibrated at the time he used it on you and wait for them to present the evidence.

The next thing you should do is ask to see the paper work. They can not deny you this right.

Once you have this paper work, look to see if it is of a certain type. If it is not (which 90% of the time it isn’t), turn to the judge and ask him to have the officer or prosecutor present legally accepted paper work.

When I say “legally accepted”, I mean the paper work has to be one the courts will accept as evidence. Not any old plain sheet of white paper will do.

The judge will ask the prosecutor or officer if they have “legally acceptable” paper work with them. And, of course they don't.

They don’t have it because they didn’t expect you to know the difference between acceptable and unacceptable paper work.

When they say they don’t have one, the judge will then throw out the current paper work as evidence.

Now you might be wondering if the paperwork wasn't acceptable in the first place, why would the prosecutor still bring it?

Good question!

In court, it's only unacceptable if you bring up the issue. The judge will allow it if you make no objections to it. But if you do object to it, then legally the judge should refuse it as evidence.

Uh oh… now the prosecutor is in deep shit. The only evidence he brought with him has just been rendered inadmissible. And no, he can’t call a recess and go get the proper paper work. The judge won’t allow that.

With no other evidence to present and no other avenue to turn, the prosecutor will motion for a dismissal. He has to, because there’s nothing left for him to do at this point. And besides, there are other people in the courtroom waiting to have their case heard.

Can you imagine what would happen if everyone else in the courtroom did the same thing you just did? It would be catastrophic for the court. Instead, both the judge and prosecutor will want to get on with the rest of the days proceedings.

They’ll accept your one case as a loss and move on.