Legal Question in Traffic Law in Maryland

Need advice on courtroom procedures and evidence /objections, and how to exclude evidence.

Maryland law states that when using photo radar these two sections below need to apply.

What if the annual calibration was NOT done by an independent laboratory as required by Maryland law but by the device manufacturer. Also what if the operator training wasn�t done by the manufacturer but by the the operators employer who is not the manufacturer.

The question is when or and how should I ask for this evidence to be excluded or can I object to the evidence being provided because it doesn�t follow the law in this situation?

Can I ask for the photo evidence to be excluded because of these two sections have not been followed?

(6) (i) A work zone speed control system shall undergo an annual calibration check performed by an independent calibration laboratory.

(ii) The independent calibration laboratory shall issue a signed certificate of calibration after the annual calibration check that:

1. Shall be kept on file; and

2. Shall be admitted as evidence in any court proceeding for a violation of this section.

(4) (i) A work zone speed control system operator shall complete training by the manufacturer of the work zone speed control system in the procedures for setting up, testing, and operating the work zone speed control system.

(ii) On completion of the training, the manufacturer shall issue a signed certificate to the work zone speed control system operator.

(iii) The certificate of training shall be admitted as evidence in any court proceeding for a violation of this section.


Asked on 12/14/10, 6:44 pm

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

Forget about trying to exclude certain evidence. Simply raise these issues with the judge at the hearing/trial in a polite/respectful way. If the Government did not follow the proper calibration procedures, you can argue to the judge that the Government cannot prove that the speed in which you were going was the same speed as recorded by the mis-calibrated camera. If the Government did not follow the proper training procedures, you can raise this as well. Of course, if you hire an attorney, your chances of beating the ticket are much greater.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 12/19/10, 9:16 pm


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