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Judicial Notice on Laser in NYS

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V

vincec

Guest
My State: New York State

Hello,

I was hoping someone could help me determine if New York State has taken judical notice on the use of Laser/Lidar for speed measurement. I know that they have for Radar (all 50 states have), but I can't seem to find it for Laser. Would someone be able to find out if NYS has taken judical notice, or tell me where I can look for this information?

Thanks a lot.
- Vince
 


V

vincec

Guest
Can anyone help me here? No one knows how I can determine if a state has judicial notice for Lidar? I would be greatly appreciative of anyone who can help me out.
 
A

aerosat

Guest
LIDAR-Radar

New York can be rather difficult to fight any kind of speed enforcement citation. The NY state bar association completed a study that the adjudicated motor vehicle process is seriously flawed with "Rent -a- Judges" that have no judicial power of the court because it is simply an administrative process with the court rules suspended. (1988 Report) Any judicial notice accorded to any scientific principal should be manifested at the federal court level for it to be a "precedent case". Anything less than that at any state level is appealable. RADAR has federal judicial notice recognition so radar is in many ways established as accurate as long as the operator "tracked the history" of your vehicle properly while maintaining the visual observation of the accused vehicle. This is the main important element of any speed conviction what the officer sees prior and during the phase of the tracking history elements. Its even been found that "some" officers offer "role model" testimony of what they are required to do to perform this feat, however if you closely examine the precise factors like visual observation elements before and after the tracking history you may find a serious misrepresentation of testimonial facts by such a officer. While judicial notice only recognizes the scientific principals of such technology the dispute will occur when the prosecution attempts to show that a trained officer properly operated his/her unit and you should show that the visual observation process testified by such officer is in doubt.
 
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