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Old 08-15-2008   #1 (permalink)
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Exclamation LIDAR Not Admissible in Texas

4 August 2008

LIDAR Not Admissible in Texas

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.

The entire decision is available here.

It might come in handy if you get a ticket in Texas by an officer using laser.
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Old 08-15-2008   #2 (permalink)
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Default Re: LIDAR Not Admissible in Texas

Just when I got my jammer

Ahhh damn it.

Good news for speeding texans though!
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Old 08-15-2008   #3 (permalink)
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Default Re: LIDAR Not Admissible in Texas

Wait till Fritter reads this one.
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Old 08-15-2008   #4 (permalink)
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Default Re: LIDAR Not Admissible in Texas

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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Last edited by Maestro; 08-15-2008 at 02:37 PM..
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Old 08-15-2008   #5 (permalink)
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Default Re: LIDAR Not Admissible in Texas

Eh, the officer wasn't even certified to use the gun.
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Old 08-15-2008   #6 (permalink)
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Default Re: LIDAR Not Admissible in Texas

Quote:
Originally Posted by Ovencleaner View Post
Just when I got my jammer

Ahhh damn it.

Good news for speeding texans though!

And just when I got rid of mine!!! Wahoo!! Now I just need to find an RD =)
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Old 08-15-2008   #7 (permalink)
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Default Re: LIDAR Not Admissible in Texas

Quote:
Originally Posted by Maestro View Post
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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Old 08-15-2008   #8 (permalink)
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Default Re: LIDAR Not Admissible in Texas

Happy days!

But why am I not surprised it was a Mexican judge who decided this?
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Old 08-15-2008   #9 (permalink)
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Default Re: LIDAR Not Admissible in Texas

Quote:
Originally Posted by Stealth Stalker View Post
Happy days!

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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Old 08-15-2008   #10 (permalink)
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Default Re: LIDAR Not Admissible in Texas

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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