Laser citation unbeatable? Guess again.
#1
928 Barrister
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Laser citation unbeatable? Guess again.
Someone on this forum has just beaten a laser ticket in court. It is his business so he shall remain anonymous if he so chooses. Please reconsider your belief that if you are nailed with laser you are done.
#7
Rest in Peace
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Wasn't me, I f'ed up and could not get into the court house so I got screwed even though I had all the materials to beat it.
I discovered on every case where the lidar was sent in for inspection the bore sight is always out of alignment. Translation, the laser does not point where the scope points.
I discovered on every case where the lidar was sent in for inspection the bore sight is always out of alignment. Translation, the laser does not point where the scope points.
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#8
928 Barrister
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First, it was not my case. It is not my business to discuss. It was won I presume on the law, not the issue. In any arrest, which is what a traffic stop is, you are presumed innocent until proven guilty. Isn't that great news? Bet you never heard that before, huh?! Officers and courts and others sometimes make mistakes. More news, right? Andre has just given you one example of that fact. Not only that but traffic engineers and jurisdictions make mistakes too. Whoop-tee-doo! This all means that your innocence may survive the citation and, if you choose, the trial.
All I know is the judge's finding. I also know some of the pleadings in the case leading up to that verdict. From that I can extract the reasoning of the traffic commissioner (oops, just told you where it was held) when ruling in this case.
Her finding was correct and justice was served. The officer's testimony was excluded in this case, and the officer is the only witness the state has against a suspect in these kinds of traffic cases, usually. From what I know, it didn't take a great deal of time to prepare this case, (though I may be incorrect on this point.) At least not as much as the increase in the insurance premium from a conviction or plea of guilty.
Bottom line: Will everyone please start questioning this system? It is OUR system, OUR country, and OUR roads and highways that are being threatened here. If we don't like the way they are managed, we can change that. More good news.
I'm going to go back to the diabetes issue.
All I know is the judge's finding. I also know some of the pleadings in the case leading up to that verdict. From that I can extract the reasoning of the traffic commissioner (oops, just told you where it was held) when ruling in this case.
Her finding was correct and justice was served. The officer's testimony was excluded in this case, and the officer is the only witness the state has against a suspect in these kinds of traffic cases, usually. From what I know, it didn't take a great deal of time to prepare this case, (though I may be incorrect on this point.) At least not as much as the increase in the insurance premium from a conviction or plea of guilty.
Bottom line: Will everyone please start questioning this system? It is OUR system, OUR country, and OUR roads and highways that are being threatened here. If we don't like the way they are managed, we can change that. More good news.
I'm going to go back to the diabetes issue.
#9
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Hey, Ron - Here is what I fear:
If everybody would fight their tickets, the authorities would make sure they don't make any more mistakes. But they would not necessarily give us higher speed limits. The net result would be that the limits would not change, but those who chose to fight it would have less of a chance to win (due to a lack of mistakes). Or they would go even more high tech, which requires higher tech and more expensive counter measures.
Hope my fears are unfounded.
If everybody would fight their tickets, the authorities would make sure they don't make any more mistakes. But they would not necessarily give us higher speed limits. The net result would be that the limits would not change, but those who chose to fight it would have less of a chance to win (due to a lack of mistakes). Or they would go even more high tech, which requires higher tech and more expensive counter measures.
Hope my fears are unfounded.
#10
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Ron I'm with the other critics. The teaser headline for this post is just that unless we have more info for fighting our case if it ever comes to that.
#11
928 Barrister
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Your fears are unfounded. Period. 97% of persons receiving traffic citations choose not to contest them. That means the bears are simply grazing. If just 10% more were to contest them, it would clog the courts and bring the system to a halt. If enough won, there would be an awareness of the injustice of the system, which has been emerging since the time of the National Maximum Speed Limit. A change would be necessary.
About the "mistakes": many are simply the illegal practices of the police and the courts and the cities and towns. Those are not correctable unless they resumed legally conducting their business. Others are simply legal points that are contestable or sloppy work built into the system. But all are our right to use to defend ourselves and would NOT go away. The system is so broken that is a fact.
I have to go back to my other "defense' now.
About the "mistakes": many are simply the illegal practices of the police and the courts and the cities and towns. Those are not correctable unless they resumed legally conducting their business. Others are simply legal points that are contestable or sloppy work built into the system. But all are our right to use to defend ourselves and would NOT go away. The system is so broken that is a fact.
I have to go back to my other "defense' now.
#12
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I did fight it...and lost the laser part as that was the ONLY thing they had to cling to. The Trooper stated he was a professional something or other when it comes to the calibration of the laser unit and stated he nailed the beam to the center part of the hood of my truck at 200 feet away as I passed under the bridge he was on. All this nonsense said I was traveling at blah blah blah per second which calced out to yada yada yada. Got cited for 77 in a 65 when I was flowing with traffic onto an exit as the rest of the known world on the 84 was cruising at 90+. Judge didn't want to hear it. But my fine was reduce to half.
I'd sure like to know the details of beating laser!
I'd sure like to know the details of beating laser!
#13
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Jason, basically this case was all about the rules of evidence. The cops and the court did not observe them and lost. The rules of evidence are available in the local county law library. This case is not my business. If the defendant chooses to enter this discussion, he may disclose the particular facts.
My point in starting this was simply to counter the assertion that laser is indefensible.
If I were you or anyone else reading this, I would fear more the increasing use of unmanned miniature aircraft to spy on the highways and which carry photo capability. Worry about that for awhile, and try imagining defenses against those nasty little buggers. They are coming soon to a highway or freeway near you, unless we CHOOSE TO PREVENT THEIR USE. Smokey the Bear is right when he cautions that only WE may prevent forest fires.
My point in starting this was simply to counter the assertion that laser is indefensible.
If I were you or anyone else reading this, I would fear more the increasing use of unmanned miniature aircraft to spy on the highways and which carry photo capability. Worry about that for awhile, and try imagining defenses against those nasty little buggers. They are coming soon to a highway or freeway near you, unless we CHOOSE TO PREVENT THEIR USE. Smokey the Bear is right when he cautions that only WE may prevent forest fires.
#14
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I just told you how to win!
Since it is an IR laser, the officer can not see the beam on the target.
If you can not prove the laser hits where the scope points ...
With radar you can not see the beam either; however, radar and laser do not have the same claim for beam convergence.
I need to look at the lidar reports I got back in a supena (sp) to get the average deviation of the sites.
Since it is an IR laser, the officer can not see the beam on the target.
If you can not prove the laser hits where the scope points ...
With radar you can not see the beam either; however, radar and laser do not have the same claim for beam convergence.
I need to look at the lidar reports I got back in a supena (sp) to get the average deviation of the sites.