Laser tickets do not hold up in court, is this true?

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Old 06-25-2001, 05:10 PM
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Laser tickets do not hold up in court, is this true?

I was talking to Technique and he mentioned to me this past weekend that someone here had been talking about how (at least in California) Laser had not yet been approved as an accurate measure of speed or something like that. Has anyone else heard anything along these lines? Since I just got my 4th ticket in the past year, I would love to have this one thrown out in court.

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Old 06-25-2001, 07:46 PM
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You should talk to him (leave a message specifically for Technique). There may be some legal aspects regarding the use of lasers that are bubbling through the system.

However, if you have an "official" ticket in your hand, at this moment, you should consider it good to go.


There may be some cases or other issues that are running through the courts that tend to support (validate) or invalidate the device's accuracy or usage. If there is some critical case that comes along that creates enough "doubt" in the eyes of the legal community to suspect the accuracy of the unit, given the current level of training of the operator, there may be a "hole" open to fight the ticket.

I have no such information and if you need to, call and hire a good traffic lawyer and check it out.


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[This message has been edited by EricL (edited 06-25-2001).]
Old 06-25-2001, 09:47 PM
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It called prima facie evidence.

Looks like in Maine, forget about challenging the radar or the laser as a legal speed measuring device. These instruments are accepted (by law) as prima facie evidence. In California?

Do some light reading here: http://www.dui-law.com/speedn01.htm
http://www.dui-california.com/oldsurvy.htm
http://helpigotaticket.com/
http://www.mit.edu/~jfc/laws.html

Maybe this is what they are talking about. I'm not a lawyer....

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Old 06-25-2001, 09:57 PM
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Hey,

Read this:

http://www.ibiblio.org/rdu/usenet-ar...ads.html#00000

And also just search on google for information. There is a site (can't find it right now) that talks about the state having to approve the scientific method of calculating speed. Radar has long been approved, but laser is only approved in a few states, but the cops don't want you to know this.

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Old 06-25-2001, 10:01 PM
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So, get out of the tech industry and go to law school Dwight!!
<font face="Verdana, Arial" size="2">Originally posted by Technique:
Hey,

Read this:

http://www.ibiblio.org/rdu/usenet-ar...ads.html#00000

And also just search on google for information. There is a site (can't find it right now) that talks about the state having to approve the scientific method of calculating speed. Radar has long been approved, but laser is only approved in a few states, but the cops don't want you to know this.

</font>


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Old 06-25-2001, 11:31 PM
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Here is what the state of Florida has to say on this matter.

The 2000 Florida Statutes

316.1905 Electrical, mechanical, or other speed calculating devices; power of arrest; evidence.--

(1) Whenever any peace officer engaged in the enforcement of the motor vehicle laws of this state uses an electronic, electrical, mechanical, or other device used to determine the speed of a motor vehicle on any highway, road, street, or other public way, such device shall be of a type approved by the department and shall have been tested to determine that it is operating accurately. Tests for this purpose shall be made not less than once each 6 months, according to procedures and at regular intervals of time prescribed by the department.
(c) Any person accused pursuant to the provisions of this section shall be entitled to have the officer actually operating the device appear in court and testify upon oral or written motion.

This is not specific to laser, and there is a whole section on Radar speed-measuring devices.
I am going to fight mine in court. Maybe the bastard will not show up!

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Old 06-26-2001, 12:50 AM
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<font face="Verdana, Arial" size="2">Originally posted by moomaster_99:
So, get out of the tech industry and go to law school Dwight!!

</font>
heh, already went to law school. Just graduated. Unforunately, I never studied for the california bar, nor did I study traffic offenses. Mostly IP law and Litigation.

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Old 06-26-2001, 12:53 AM
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Not sure if anyone wants to know, but Laser is already on Judicial notice in the Hawaii Courts.

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Old 06-26-2001, 04:36 AM
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i read somewhere that a guy in court had a laywer demonstrate the use of a laser and found that a demonstrator walking across the room at normal speed was moving at 15mph. he also found that the wall was moving at 4mph...so the charges got dismissed.
Old 06-27-2001, 07:09 PM
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1. Traffic lawyers (especially friends will probably know the most) for a given area.

2. Most people will accept any old ticket.

3. Nolo press is a good place for getting "basic traffic law" (and other law info). There is lawyer in the family, and the books come highly rated.

4. Most people wont even check for a "traffic" survey. California has lots of rules about traffic surveys on laser or radar controlled roads. A good Nolo press book or lawyer will have the info on how to get traffic survey info. A lawyer some years back, challenged a ticket on a main street that was a "radar hot spot", and found that they had NOT done a traffic survey in the required number of years. He got off, and a bunch of people who got ticketed got off as well.

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Old 06-27-2001, 07:13 PM
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<font face="Verdana, Arial" size="2">Originally posted by kensteele:
It called prima facie evidence.

Looks like in Maine, forget about challenging the radar or the laser as a legal speed measuring device. These instruments are accepted (by law) as prima facie evidence. In California?

Do some light reading here: http://www.dui-law.com/speedn01.htm
http://www.dui-california.com/oldsurvy.htm
http://helpigotaticket.com/
http://www.mit.edu/~jfc/laws.html

Maybe this is what they are talking about. I'm not a lawyer....

</font>

It gets deeper than this...

If you're interested, buy some NOLO PRESS books...



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  • V1 ordered
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