Hi All,
I have never posted, but like to browse through this forum from time to time. After reading the post from the guy who alleges that he was ARRESTED for using a LASER jammer on the MA Turnpike, I just had to reply.
I am a defense attorney here in Massachusetts and have handled many traffic related cases ... everything from multiple moving violations to DUI related homicides. Even given my knowledge and experience regarding the relevant portions of MGL, I still took the time to do a bit of research prior to posting my response. After reading this forum for a while, I know you guys can be a tough crowd, so I made I had my facts straight.
Firstly, as in most states, control of LASER emmitting devices are the purvue of the state department of health much the same way it is controlled by the FDA on the Federal level. LASERS are classified into various categories depending on their potential hazard to public health. Everything from a laser cutting tool to the little LASER gizmo my cats love have a classification. Even the remote control for your TV is included. A laser jammer is no different.
MA General Law Chapter 111: Section 5I. Laser equipment; rules and regulations; penalties for violation states the following: Section 5I. The department may from time to time, after a public hearing, adopt, alter or repeal such rules and regulations relative to the use of laser systems, devices or equipment as it shall deem necessary to protect the public from the hazards of laser rays or beams, with penalties for the violation thereof not exceeding five hundred dollars for any particular offense.
Notably absent from this law is anything that mentions jail time or that makes violation an arrestable offense. I conducted an admittedly abreviated review of the Department of Public Healths regulations regarding LASER emmisions. As one might suspect, a Laser Jammer is not specifically mentioned in the regulations. The regulations refer the reader to the ANSI standards for LASER classifications. Refering to the ANSI we find the following definition:
CLASS 1: Lasers or laser systems incapable of producing damaging radiation during intended use are Class I lasers. These lasers are exempt from any controls or administrative requirements during normal use. Interestingly, LIDAR is considered a class 1 LASER device as well. You'll notice these types of LASER are "exempt from any controls or administrative requirements during normal use."
Given the above, one has to wonder about the situation described by RadarDork and his alleged arrest for "improper use and possession of an energy device" which, incidently, is another statute that does not exist. It is not unheard of for a cop to get a little pissed off, slapping the cuffs on, and figuring out the charges later. If this indeed happened, a good lawyer could get this dismissed quickly.
Some other items lead me to believe that this situation is fictitious in nature. A supervisor dispatching a "technical traffic team" to the scene? I doubt it. If you are towing the car, examine it in the garage not on the highway. Shooting the LIDAR at the car at point blank range on the side of the road as some sort of probable cause evidence for arrest .... that's a really good one. I could go on.
Sorry, just does not add up!
Quote:
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Originally Posted by RadarDork I bought an M40 X-treme Blinder took a couple three hours to install it. Had it set up and running. was driving on the MA Pike at exit 6, there was some contruction. MSP was on the detail and had RADAR active the whole time, some of the signs were running RADAR too (the boxes are built in to slow people down).
So I pass the construction, and about a mile down the road my Blinder goes off. Then it stops, then goes off again, then it stops, then goes off again...it does it for about 6 times....then I see the statie up the road in a grove of trees...I'm doing the speed limit and he lights me up like 4 more times as I pass....then he pulls out on me. he pulls me over and tells me I am speeding.
He then tells me to get out of the car and says that he wants to search the car. I tell him no way. He then makes me stand to the side of the road back by his car, and turns his LIDAR unt on and has it pointing at my car. He looks and me and says watch this. When he turns on his lidar unit my blinder goes off. He can't get a lock...so he then says to me, you are running active jamming which is against the law and reads me my rights, cuffs me and puts me in the back seat. While I'm sitting in the car he calls in for a supervisor to see if he needs a warrant or if what he has doen was enough to establish probable cause. Supervisor says wait for a warrant and a technical traffic team. To make a long story shorter, 3 hours later they searched and impounded my car, I was hit for speeding, arrested for improper use and possession of an "energy device" and still do not have my car.
$540 for the blinder and about $6000 in legal fees so far, no car, and am looking at up to 2.5 years in jail if convicted. |