Texas Laser Diffusers Illegal - New Law 9/1/11 - I got snagged yesterday

[cjaubert]

You're exactly right about what the law says. BUT, the law does NOT say that if you HAVE a laser diffuser, that you must STOP HAVING IT. You can turn it off (or take it out if you wish), but you do NOT have to remove it. You just can't USE it or attempt to use it. And you can't install it AFTER 9/1/11. This is a classic example of ex post facto laws - the government cannot criminalize something that was legal when it was done - like, in this case, buying a laser diffuser. Using it later, however, is a different story. They CAN criminalize that.

[StlouisX50]

A few things I see wrong with this law.

#1, Radar is mentioned 7 Times, Laser 1 time. It would seem the law is 12.5 percent towards laser and 87.5% towards radar.

#2 The device you have installed is a Parking Sensor. You have documentation to prove this in a court.

#3 The law shown online, is NOT signed NOR dated. It appears the law is invalid at this point.
(THIS MAY OR MAY NOT WIN YOUR CASE) This did help win a case against a city in my area when brought up to the judge.

[Akosikojak]

A few things I see wrong with this law.

#1, Radar is mentioned 7 Times, Laser 1 time. It would seem the law is 12.5 percent towards laser and 87.5% towards radar.

#2 The device you have installed is a Parking Sensor. You have documentation to prove this in a court.

#3 The law shown online, is NOT signed NOR dated. It appears the law is invalid at this point.
(THIS MAY OR MAY NOT WIN YOUR CASE) This did help win a case against a city in my area when brought up to the judge.

Agree, and the LI does not have to used solely as a Jammer, can be used in Detection only mode and / or a parking sensor. That way peeps who had it on before the new law took effect would be ok to use the NON Jammer features and also out of state peeps just traveling through the Great State of TX

[Arvetus]

#3 The law shown online, is NOT signed NOR dated. It appears the law is invalid at this point.
(THIS MAY OR MAY NOT WIN YOUR CASE) This did help win a case against a city in my area when brought up to the judge.

It was signed by the governor on 6/17 and took effect on 9/1. Read the history of the bill.

But you may have a point with the parking sensor...

[DrCoke]

.

[Laser-InterceptorUSA]

Don't forget about the new JAM WIPE Function of the new Ver. 8.05 FW. When you drive from an area where LCM are Legal to areas where they are Illegal, you can program your CPU to use the optional JAM WIPE Switch (purchased separately) to completely wipe all jamming capabilities from the CPU at the press of one button. Once you return back to an area where LCM are Legal, you can then use the new Ver. 3.3.1 Communicator to restore the LI's jamming capabilities. The new Ver. 8.05 FW also allows you to use the PA/JAM Switch to change the LI from a Jammer to just a Laser Detector, which are legal in Texas, just like Radar Detectors.

Read the attached.

Cliff

[Lucky225]

I've read the statute,


(b)A person, other than a law enforcement officer in the
discharge of the officer ’s official duties, may not use, attempt to
use, install, operate, or attempt to operate a radar interference
device in a motor vehicle operated by the person

"radar interference device" means a device, a
mechanism, an instrument, or equipment that is designed,
manufactured, used, or intended to be used to interfere with,
scramble, disrupt, or otherwise cause to malfunction a radar or
laser device used to measure the speed of a motor vehicle by a law
enforcement agency of this state or a political subdivision of this
state, including a "radar jamming device," "jammer," "scrambler,"
or "diffuser."

There is a key wording to this statute, is it MANUFACTURED, DESIGNED, OR INTENDED to interfere with the laser speed reading device? Your parking sensor manual probably doesn't state so. The law also only makes it illegal to use, attempt to use, INSTALL, operate or attempt to operate. But, as anyone who has taken a jr high or high school class knows, laws can not be ex post facto. The law does not make it illegal for you to have the jammer installed in your vehicle, it only makes it illegal to install a NEW jammer AFTER the effective date, or to use or attempt to use a device (i.e. previously installed jammer). Since this device was not installed in your vehicle after the effective date, even if it is a 'jammer' and not a parking sensor, you are not violating the law by simply having it installed, and since the law requires that it be designed, manufactured or intended to interfere, which it is not, the device is not classified as a radar jamming device within the meaning of the law anyways, it is a parking sensor.


This is ONLY a Class C misdemeanor, meaning it's probably just a fine and I doubt it has any points on your license. Go to court, request a Jury trial. Fight it on technicality of the law.

[catharsis]

this is where the statute fails:
(b)A person, other than a law enforcement officer in the
discharge of the officer ’s official duties, may not use, attempt to
use, install, operate, or attempt to operate a radar interference
device in a motor vehicle operated by the person

The officer is going to have the burden of proving beyond a preponderance of the evidence that you were using the laser jammer. Since there's no way of him being able to do so, a jamming sequence on his laser gun could arise from a large variety of things such as weather conditions, traffic, unsteady hands etc. HOWEVER, his saving grace will be providing the court with statistics on how often his laser gun errors on him or having other LEO's testify that the gun rarely if ever misfires errors. At this point, it's likely the judge will side with the LEO and you will be found guilty.

In my opinion, the statute is almost unenforceable. It doesnt criminalize the POSSESSION of the laser jammer. Even if you were to install it after the law took place, it's still not even illegal to continue to possess it. Moreover, it says "radar interference device" and this isn't meant to interfere with radar at all- it's meant to interfere with LASER devices.

Original Poster, please keep this forum updated on the progress of your case. I would love to see how this turns out and strongly encourage you to fight this. My understanding is that a Class C Misdeameanor remains on your record as a criminal charge.

[erickonphoenix]

I've had three strikes on the Blinder M47 and got down to the PSL in time to shut it down. Two of the times the LEO didn't give me a second glance. One time he gave me a second look but that was probably because I was passing a car when I got hit. Jam Then Kill in a timely manner should keep suspicion to a minimum.

[function12]

Don't forget about the new JAM WIPE Function of the new Ver. 8.05 FW. you can program your CPU to use the optional JAM WIPE Switch (purchased separately)
Read the attached.

Cliff what is that and how much does it cost?