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

[Psalm40]

Did you shut it off after you checked your speed?

Nope, didn't know it had to be off or on - had never heard of this law.

I think what we are getting at is, "did you jam the laser all the way to the source gun?" If you jam to gun, the LEO will know something is up and may just stop you to question/harass you. If one were to adjust their speed and turn off the jammer ASAP, the LEO may not even realize that you have a jammer.

More on track to your original posting, I was unaware that Texas had changed their laws regarding jammers...this is does not bode well for the rest of us where they are still legal.

[Lucky225]

Please post the transportation code that makes this illegal.

[helix139]

I don't think you mention this, but did he actually shoot you with a lidar gun? If so, and you had installed it prior to the law going into effect (and could prove it), then the onus is on him to prove it was actually on and/or being operated. Otherwise, put him on the stand and ask him how he determined your device was operational and/or in use.

[radarhunter]

Sorry to hear about your ticket.

May I recommend this fine thread filled with great information:

http://www.radardetector.net/forums/...-glossary.html

[Arvetus]

Says who?
I get email alerts from the SOC and DPS and have never seen this new law... Do you have the traffic statute? Did the officer notate it on the ticket?

The last alert I got in my email contained this release:
http://www.txdps.state.tx.us/directo...n/pr083111.pdf


EDIT:
Ok, I found it...tis true
http://www.legis.state.tx.us/tlodocs...pdf#navpanes=0

http://www.legis.state.tx.us/BillLoo...2R&Bill=HB1116

[cjaubert]

I do not know how long he shot me, what type of gun he was using, or anything other than the fact that he stopped me.

[cjaubert]

You’ve hit the nail on the head. The diffuser was in the car for a long time, and it is NOT illegal for me to have it in the car. It’s illegal to USE it. Thus, the question becomes, how, if at all, can the officer prove that I was USING it? Does the mere fact that he didn’t get a reading “prove” anything? What about false alarms? There HAS to be a way to get a “false positive,” I would think. Anyone know anything about this?

[jem58]

What kind of diffuser do you use? What part of Texas were you in when you got nailed? Was it a local leo?

[Radar Roy]

@Cjaubet, can you PM me the details of the fine and all. You're the 1st person I've heard that has been snagged under this new law. Thanks in advance

As of 9/1/11, it is illegal in Texas to "use, attempt to use, install, operate, or attempt to operate" a laser diffuser/shifter/jammer. I got a ticket yesterday, but ONLY for having one - not for actually speeding.

My question is, do you guys have any great ideas for a defense to this ticket? One that comes to mind is, how do they prove the diffuser was on? (No, he didn't look inside the car to test it, or anything like that - he just photographed the front grill and the license plate thing. Aren't there ways to get a false/no reading on a laser gun BESIDES a diffuser?

Thanks....

[Arvetus]

You’ve hit the nail on the head. The diffuser was in the car for a long time, and it is NOT illegal for me to have it in the car. It’s illegal to USE it. Thus, the question becomes, how, if at all, can the officer prove that I was USING it? Does the mere fact that he didn’t get a reading “prove” anything? What about false alarms? There HAS to be a way to get a “false positive,” I would think. Anyone know anything about this?

This is what the law reads:

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.

and...

Sec.A547.616.AARADAR INTERFERENCE DEVICES; OFFENSE. (a) In
this section, "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." The term does not include a ham radio, band radio,
or similar electronic device.