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Speeding Ticket Defense

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ReneeS123

Junior Member
Received a speeding ticket in October in Rockford IL. Moved for directed verdict in 17th Judicial Circuit Court in Winnebago County, and presented People v. Canulli (Appellate Court of Illinois, Fourth District No. 4-01-0094, Jun-30-2003), where a guilty verdict was reversed because lidar laser speed measuring devices hadn't yet had a Frye hearing. (Wasn't able to find if a Frye hearing has been held since June 2003.) Prosecution asked for time to "shepherdize" the Canulli case, and my next trial is in February. How can I find out if a Frye hearing has been held, or if there's judicial notice indicating that readings from any laser gun type of device is accurate to a legal degree of certainty, and admissible as scientific evidence to a speeding violation. I can't afford ti sign on to any on-line search services; can anyone out there search for me? Also, can anyone elaborate on "shepherdizing"? What can I expect from the prosecution? How can I learn what they found, before my next trial date? (This is a second posting; I don't think the first one I posted from last night went through.)
 


cepe10

Member
I used my search engine on IL for Laser and lidar and found nothing beyond the case you have already cited...It does not look like judicial notice has been taken for lidar in IL.


Of Passing interest the car insurance company Geico gave a $950,000 lto Laser Technology in 1991, allowing it to complete the LTI 20-20 laser gun...

http://194.187.45.115/de_bologna_slice_kwestie.htm

No conflict of interest there:) The insurance company helps create devices to issue more tickets and then helps law enforcement agencies obtain and use them (without proving their accuracy or admissability) which allows the insurance company to raise rates higher and assorted law enforcement agencies to take more money in as well....
 

tranquility

Senior Member
In People v. Berrier, 841 N.E.2d 1117, 362 Ill.App.3d 1153, 299 Ill.Dec. 385 (Ill.App. Dist.2 01/13/2006) they spoke of the Canulli case:

We find Canulli to be instructive in the current case. In Canulli, the State offered the testimony of a trooper who used a "Lidar" laser unit to determine that the defendant was driving 15 miles per hour over the speed limit. Canulli, 341 Ill. App. 3d at 363-64. At the time the testimony was offered, the defendant objected on the bases that the trooper's determination lacked foundation and was hearsay. The trial court allowed the testimony to continue, and the defendant later moved for a directed verdict because the testimony regarding the laser evidence lacked proper foundation. Canulli, 341 Ill. App. 3d at 364. After being given seven days to respond, the State was allowed to present a bystander's report of an unrelated traffic case in the same judicial circuit, in which the trial court conducted a Frye hearing (see Frye v. United States, 293 F. 1013 (D.C. Cir. 1923)) and determined that evidence of Lidar technology was admissible, scientifically reliable, and an accepted means of obtaining proof of the speed of an automobile in that judicial circuit. Canulli, 341 Ill. App. 3d at 364-65. On appeal, the defendant argued that the trial court abused its discretion in allowing the State to reopen its case to present additional foundational evidence. Canulli, 341 Ill. App. 3d at 367. The appellate court held that the trial court did not abuse its discretion in allowing the State to reopen proofs under the circumstances in that case. Canulli, 341 Ill. App. 3d at 367.
 

cepe10

Member
Hey tranquility:), how come we can't pull the updated Canulli case???? or the amiguously referred to case in which judicial notice was taken? I'm just wondering why nothing shows up...
 

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