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A Texas Court of Appeals has ruled that laser speed detection equipment (LIDAR) has not been proven to be accurate and therefore cannot admitted as evidence in criminal cases in Texas.
The Court ruled that prior judicial decisions affirming the reliability of RADAR were irrelevant to the question of the reliability of LIDAR.
The Court of Appeals in Waco ruled that the state failed to prove the reliability of LIDAR on which the officer relied to determine that the defendant was speeding.
It might come in handy if you get a ticket in Texas by an officer using laser.
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Valentine 1 & The Escort 8500 X50 - Blue, Uniden BC296D, GRE500, Lasershield, 2001 Ford Ranger, Yamaha FZ6, 2005 Black Dodge Neon SRT-4 - A laser beam would be as wide as my car at 1872' - Car being 67.4" wide.
Pulled over April 17th 2008 - For crossing over the center line, written warning issued.
It is alway a DUI case that have some of the best traffic case laws,
It may transfer but most court would agree this case may not be relevant since it was DUI case where someone could server jail time over standard speeding ticket. The rules of evidence with someone going to jail tend to be higher.
There is some other good case laws cited in case about the officer has to independently observer your speed before using something else to verify it.
So how before TX has a Frye hearing to allow its admissibility.
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I am not a lawyer, but I spent a night in a Holiday Inn Express
Eh, the officer wasn't even certified to use the gun.
__________________ Escort 8500 x50 Red Rev 6.1
-Pop Off/X off/K on/Ka on/Laser on, Spec mode
-Mounted High, above RVM, but below tint 2 head PASS + 1 LPP head, PASS box
ZR4 for backup/TruSpeed. -Laser Hits:7, Saves:3 out of 3 (LPP front single)
-Laser Hits:0, Saves:0 out of 0 (New setup)
-Radar Hits: Too many to list, Saves: 7
-"Eye" saves: 2 Just for you JDS
And just when I got rid of mine!!! Wahoo!! Now I just need to find an RD =)
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'04 Bonneville SE
Whistler XTR-695 Xband off, KA RSID/LSID, Highway mode
Roadmaster VR-3 VRVD640G In-dash DVD/GPS system with Speed/Redlight Camera alerts
Radioshack Pro-97 Triple-Trunk analog scanner
Previous countermeasures:
Passport SRX 2 front, 1 back plate (Fried, sent to KustomEagle)
It is alway a DUI case that have some of the best traffic case laws,
It may transfer but most court would agree this case may not be relevant since it was DUI case where someone could server jail time over standard speeding ticket. The rules of evidence with someone going to jail tend to be higher.
There is some other good case laws cited in case about the officer has to independently observer your speed before using something else to verify it.
So how before TX has a Frye hearing to allow its admissibility.
This is true, because DUIers have the most to loose, so they'll do anything to get out of it, and it's taken more seriously. Even that Killeen case on putting your license plate in the windshield was some drug runner case where they used no front plate as a pretext and then bust the kids for drugs. Then the appelleate court smacked them Killtown cops down by saying the statute just says it has to be mounted to the front and there's no testimony that you couldn't read the numbers due to obscuring, kthx.
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'04 Bonneville SE
Whistler XTR-695 Xband off, KA RSID/LSID, Highway mode
Roadmaster VR-3 VRVD640G In-dash DVD/GPS system with Speed/Redlight Camera alerts
Radioshack Pro-97 Triple-Trunk analog scanner
Previous countermeasures:
Passport SRX 2 front, 1 back plate (Fried, sent to KustomEagle)
But why am I not surprised it was a Mexican judge who decided this?
LOL SO LOW!!! Now Now, there were other judges in the opinion;
Before Chief Justice Gray, Justice Vance, and Justice Reyna (Chief Justice Gray dissents. A separate opinion will not issue.) Reversed and remanded Opinion delivered and filed July 30, 2008 Publish
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'04 Bonneville SE
Whistler XTR-695 Xband off, KA RSID/LSID, Highway mode
Roadmaster VR-3 VRVD640G In-dash DVD/GPS system with Speed/Redlight Camera alerts
Radioshack Pro-97 Triple-Trunk analog scanner
Previous countermeasures:
Passport SRX 2 front, 1 back plate (Fried, sent to KustomEagle)
I just beat a HPD LIDAR ticket for a freind in July 08. One of the items I tried to discover was the judical notice for the use of LIDAR in Texas. It went unanswered. The case did not go to court on court day.
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Last edited by Won Hunglo; 08-15-2008 at 11:20 PM..
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