Nashville Auto Accident Lawyer Cites New Supreme Court Ruling That Might Apply To Red Light Running Cases
A recent Supreme Court ruling has raised questions as to whether technicians who calibrate photo enforcement cameras or perform back-room processing can be required to testify if the accused violators challenge the citations in court. The Melendez-Diaz v. Massachusetts ruling, said a defendant has the right to cross examine the experts who prepared crime lab reports.
In the majority opinion, Justice Antonin Scalia said technicians who prepared these reports acted as “witnesses” for the prosecution. Under the 6th Amendment, in all criminal prosecutions the accused has the right “to be confronted with the witnesses against him.”
While the ruling does not appear to apply to photo traffic enforcement programs where infractions are considered civil violations, the ruling’s impact is less clear when photo enforcement violations are considered criminal offenses. Defense attorneys already have said they hope to start requiring police to make available technicians who calibrate radar guns or other equipment used to catch speeders.
If you want to learn more about a myriad of issues related to highway driving and Tennessee auto accident cases check out my web site . The experienced Nashville auto accident attorneys at Phillip Miller & Associates can answer all of your questions.
Phillip Miller is a Tennessee Accident Attorney specializing in
Phillip has an AVVO rating of 10.0 (Superb), has been designated as a “Superlawyer”, and is the President Elect of the Tennessee Association for Justice.
Click Here to Contact Phillip
