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Wrist watch calibration required?

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  • Mralejandro
    Junior Member
    • May 2015
    • 27

    Wrist watch calibration required?

    Might sound like a dumb questions, but I recently received a citation turning left during a time I shouldn't have.

    I will try to fight it in court and the only defense I can come up with is the calibrations. For lasers/radar they have to be recently calibrated in order to be used as evidence. What about a wrist watch?

    The LEO that issued me a citation only used his wristwatch to determine the time. If I can get the time dismissed from evidence, I think I can win the case.

    My wife says either I'm a genius or will go to jail for contempt of court.

    I would like some thoughts from LEOs here and see what they think or if they ever heard of this type of strategy.

    Thanks
    I have a very strict gun control policy: If theres a gun around, I want to be in control of it.
    - Clint Eastwood
  • #2
    Rule .308
    Veteran Member
    • Oct 2005
    • 2531

    any idea what kind of watch you are up against? My Casio sinks up with the atomic clock in Ft. Colins CO every night and is within 1/100th of a second everyday.

    Comment

    • #3
      Mralejandro
      Junior Member
      • May 2015
      • 27

      Originally posted by Rule .308
      any idea what kind of watch you are up against? My Casio sinks up with the atomic clock in Ft. Colins CO every night and is within 1/100th of a second everyday.
      Is that your personal watch or department issue watch?
      I have a very strict gun control policy: If theres a gun around, I want to be in control of it.
      - Clint Eastwood

      Comment

      • #4
        keenkeen
        Calguns Addict
        • May 2011
        • 6782

        I strongly disagree with your wife.
        "But far more numerous was the herd of such, Who think too little and who talk too much." -John Dryden

        Comment

        • #5
          ElvenSoul
          I need a LIFE!!
          • Apr 2008
          • 17431

          If it has COSC cert good luck
          sigpic

          Comment

          • #6
            SoCalDep
            Senior Member
            • May 2007
            • 815

            Originally posted by Mralejandro
            Might sound like a dumb questions, but I recently received a citation turning left during a time I shouldn't have.

            I will try to fight it in court and the only defense I can come up with is the calibrations. For lasers/radar they have to be recently calibrated in order to be used as evidence. What about a wrist watch?

            The LEO that issued me a citation only used his wristwatch to determine the time. If I can get the time dismissed from evidence, I think I can win the case.

            My wife says either I'm a genius or will go to jail for contempt of court.

            I would like some thoughts from LEOs here and see what they think or if they ever heard of this type of strategy.

            Thanks
            You will loose but at least the officer may make some overtime and you might be able to beg the judge to still let you do traffic school. The officers present always enjoy that part.

            Comment

            • #7
              Spyder
              CGN Contributor
              • Mar 2008
              • 17037

              Ha. In.

              Comment

              • #8
                ElvenSoul
                I need a LIFE!!
                • Apr 2008
                • 17431

                Tires on your car stock?

                Oversize or undersized?
                sigpic

                Comment

                • #9
                  M1NM
                  Calguns Addict
                  • Oct 2011
                  • 7966

                  Originally posted by Mralejandro
                  I recently received a citation turning left during a time I shouldn't have.

                  I will try to fight it
                  You lose - you admitted guilt in your first sentence. Your arguement no left turn 4-7pm and it was 4:01 when you turned. His argument it was 3:55 then he pulls out the transcript from when he ran your plate/license at 3:58. You only need to subpeona his computer/radio records to see when he did what. If you want to try the watch idea just spring it on him in court - if it's 5 minutes late you could win. If it's on time you lose. If you were going to take this aapproach you would have needed to sieze his watch as evidence when he wrote the ticket. There is no way now to prove it hasn't been tampered with or reset.
                  Last edited by M1NM; 02-20-2017, 10:42 AM.

                  Comment

                  • #10
                    RickD427
                    CGN/CGSSA Contributor - Lifetime
                    CGN Contributor - Lifetime
                    • Jan 2007
                    • 9264

                    Originally posted by M1NM
                    You lose - you admitted guilt in your first sentence. Your arguement no left turn 4-7pm and it was 4:01 when you turned. His argument it was 3:55 then he pulls out the transcript from when he ran your plate/license at 3:58. You only need to subpeona his computer/radio records to see when he did what. If you want to try the watch idea just spring it on him in court - if it's 5 minutes late you could win. If it's on time you lose. If you were going to take this aapproach you would have needed to sieze his watch as evidence when he wrote the ticket. There is no way now to prove it hasn't been tampered with or reset.
                    ^^^THIS^^^^

                    Judges are trained to make their decisions based on evidence. If the officer testifies that the violation occurred within the prohibited time period, you're going to have to impeach that evidence and/or provide stronger evidence that the "violation" occurred outside the time period.

                    Raising the possibility that the officer's watch was in error doesn't really get you to that threshold.

                    You do have the availability of collateral records that may more definitively establish when the "violation" occurred. Most officers run a license plate check before stopping a vehicle. That event would be recorded and available for subpoena.

                    Your wife is half-right on this one.
                    Last edited by RickD427; 02-20-2017, 5:30 PM.
                    If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

                    Comment

                    • #11
                      Ron-Solo
                      In Memoriam
                      • Jan 2009
                      • 8581

                      Stop breaking the law? Pay attention to your driving? Take responsibility for your actions?

                      All novel concepts.
                      LASD Retired
                      1978-2011

                      NRA Life Member
                      CRPA Life Member
                      NRA Rifle Instructor
                      NRA Shotgun Instructor
                      NRA Range Safety Officer
                      DOJ Certified Instructor

                      Comment

                      • #12
                        IrishJoe3
                        Veteran Member
                        • Feb 2009
                        • 3804

                        Originally posted by Ron-Solo
                        Stop breaking the law? Pay attention to your driving? Take responsibility for your actions?

                        All novel concepts.
                        Simple. To the point. I like it.
                        Urban legends are a poor basis for making public policy.

                        Comment

                        • #13
                          hermosabeach
                          I need a LIFE!!
                          • Feb 2009
                          • 19392

                          Have you served subpoenas for-
                          Dash cam video
                          Body cam video
                          Audio recordings

                          Post them on you tube and start a poll if you deserved the ticket?
                          Rule 1- ALL GUNS ARE ALWAYS LOADED

                          Rule 2 -NEVER LET THE MUZZLE COVER ANYTHING YOU ARE NOT PREPARED TO DESTROY (including your hands and legs)

                          Rule 3 -KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET

                          Rule 4 -BE SURE OF YOUR TARGET AND WHAT IS BEYOND IT
                          (thanks to Jeff Cooper)

                          Comment

                          • #14
                            Spyder
                            CGN Contributor
                            • Mar 2008
                            • 17037

                            I can't wait for someone to try and "seize" my watch while I ask them to sign here...

                            Comment

                            • #15
                              P5Ret
                              Calguns Addict
                              • Oct 2010
                              • 6374

                              I'm sure the guy who thought he could beat the ticket, because I didn't know the height of the sign or if it was installed per CalTrans guidelines thought he was a genius also. Of course it may have done him some good to research who installed the sign on a state highway before he attempted to use that as a defense. It didn't work out too well for him.

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