Laser - Judicial Notice UPDATED 01/05/2008

[Lucky225]

Originally Posted by muledoe1

i didnt understand if you were talking to me or not. You said do NOT try this in court cause it is not public?

No, I said do no cite the court case Illinois v MICHAEL D. CANULLI, b/c the decision in the case was not published for review, however the OTHER court cases REFERENCED in Cannulli you can cite

[muledoe1]

oh, hm i wonder what the chances of this really working are. You would have to have some other strong points then just this i beleive.

[Lucky225]

Originally Posted by muledoe1

oh, hm i wonder what the chances of this really working are. You would have to have some other strong points then just this i beleive.

Illinois V Canulli proves that the defense worked, the decision was reversed and he was free to go. It might not work at the court you go to to fight the ticket, but that's why you appeal the ticket, the appealette court will always find in your favor

[muledoe1]

thanks for that info. next time i get a laser ticket i will go to court and make sure i bring that case up, also maybe bring a transcript or something?

[Lucky225]

Originally Posted by muledoe1

thanks for that info. next time i get a laser ticket i will go to court and make sure i bring that case up, also maybe bring a transcript or something?

LOL that's what I'm saying, he won the case but the judge marked it 'unpublished' which means you can't reference it, but you CAN reference all of the other court cases that WERE referenced in his case, those cases will help the judge come to the same conclusion. Really though you want to look for caselaw from your OWN state. you haven't got a laser ticket right now anyways, but if you do just hit me up and i'll dig up case law for your state, and suf daddy can bring out the tech-foo for the court room which will cast even more doubt as to why the court shouldn't take judicial notice.

[muledoe1]

lol i love this forum....thanks. im bound to get a ticket sooner or later

[cell21633]

the case law for illinois can be found through the IL court's search engine:

http://www.state.il.us/court/Search....icial%26notice
http://www.state.il.us/court/opinion...ml/4010094.htm

it has the full text.

[Lucky225]

Originally Posted by cell21633

the case law for illinois can be found through the IL court's search engine:

http://www.state.il.us/court/Search....icial%26notice
http://www.state.il.us/court/opinion...ml/4010094.htm

it has the full text.

WORD, I guess you can reference Canulli, I saw it referenced in another court decision, thought it was a fluke though. caseclerk.com shows it as an 'unpublished' case.. I donno

[muledoe1]

sorry im gonna ask a dumb question but i really dont know the asnwer.

what do you mean when you say "I guess you can reference Canulli"
meaning that you can bring it up in a court case, right?

and aslo 'unpublished'?

[hshark]

lets say you go to court in California and lidar will be used against you what document can you use to support Judicial notice? And whee can it be obtained? Also does anybody have any lidar quesions that can be asked to an officer in court? Thanks!