Re: Speeding

[Jeff W <hjr@buffnet.net>]

I got a laser ticket last July 3; just finally beat it in court two
weeks ago, after numerous adjournments and delays.  I was prepared to
fight it by trial, but fortunately I didn't have to, since I was able to
get it dismissed prior to trial by "expediency of trial" (I live in NY
state; they are required to bring speeding cases to trial in 30 days)

However, there are a number of points to use against a laser ticket.  My
research led to me joining the National Motorists Association
(www.motorists.com) where they have numerous resources available to beat
tickets.  I even spoke to the expert witness that was the person
responsible for NJ tossing out laser guns.

The legal term at issue in many states is "judicial notice". 
Simplified, it means that a technology has been accepted by the courts
for a particular use.  Radar went thru this process years ago; somebody
challenges the technology, goes to trial, technology is proven to be
valid.  This has not happened yet in many states for laser (NMA has a
listing for judicial notice by state).  This was the process that NJ
went thru, and the technology was found deficient, therefore laser
cannot stand up to trial in NJ.

The reference "pointing against the wall & doing 4 mph" highlight of the
NJ case was only an anecdote, the turning point that got the judge
interested.  The key points have to do with calibration & movement of
target+gun.  Radar guns are calibrated in the field by a tuning fork. 
Laser guns cannot be calibrated in the field. (there is a calibration
step; but it simply measures distance; the translation to speed is done
internally) The laser gun takes a number of pulses to determine
distance; if the pulses don't hit at the exact point over the
measurement cycle (for instance if the points sweep across the hood when
moving from license plate to windshield) distance errors crop in to
produce a bogus speed.  (there are numerous other issues as well;
angularity error, focal point error, etc..)

There is a section in the NMA web site on beating NY state tickets,
written by a lawyer.  It states "DO NOT ATTEMPT TO BEAT A LASER TICKET
ON YOUR OWN IN NEW YORK STATE!" Reason; since judicial notice has not
been established in NYS, if you screw up and lose, YOU have established
judicial notice! (and potentially make it harder to reverse) 
Nevertheless, I was committed and prepared to take it on, because if it
got sticky & needed additional witnesses, the case could be continued.

Main point; every state (and country)is different, if you are serious in
beating tickets you must be very thorough in your research.

Jeff

'88 80q