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Clocked at 17 over the limit by LIDAR

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ColtCabana

Junior Member
What is the name of your state (only U.S. law)? New York

I was given a ticket which was given by a cop who did not operate the LIDAR, nor was he anywhere near the LIDAR. On the ticket, there are two missing pieces of information; One being the radar officers signature, the second being the circle for photo lic shown. Another car was pulled over within a few seconds of mine which I believe was the one which was going 17 over, and there was only one LIDAR operator. In the supporting deposition, the cop wrote that the speed was based on DIRECT KNOWLEDGE, how can he have direct knowledge if he did not see the LIDAR? Is there a recording of the speeds on a computer in the machine? Where do I go from here? Do I request discovery?
 


HighwayMan

Super Secret Senior Member
The "problems" you point out with the Uniform Traffic Ticket are non-issues. The radar/lidar operators do not sign the UTT, and the photo license indicator doesn't really mean anything at all.

Lidar is very precisely aimed and there is no doubt to an operator which vehicle it is aimed at.

Having one officer operate radar/lidar and others stopping the cars is common. There is case law in New York which states that traffic tickets can be issued upon "information and belief" rather than direct observation.

Where did this occur?

So how fast WERE you traveling?
 

ColtCabana

Junior Member
In Hudson, and I was going 43 MPH. So yes, I was speeding, but not to the extent as I am being accused of. Thanks for answering.
 

HighwayMan

Super Secret Senior Member
43? Really? Not 45 or 40 but 43?

Is your speedometer calibrated to 1 mph increments?
 
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Maestro64

Member
ColtCabana,

Both officers would have to show in court, however, you better be able to show the court it was in fact a two officer operation. Yes the officer who wrote the ticket can say he wrote is based on what someone else told him, but those statements must backed up by the other officer testimony, otherwise it is hearsay. I saw in a recent case where the officer stated he was the one operating the unit and wrote the ticket since he could not remember the fact from that day and just read form the ticket until the defendant pulled out his camera phone and showed the judge it was a two person operation and the other officer was not in court.

Next LIDAR has its issues especially if used at long distance, yes the officer may believe he is pointing at the license plate of a car, but he can not be 100% sure since the Laser is in fact invisible it is not like the laser pointers where you can see a red or green beam.

To learn how to defend against LIDAR tickets go to this website there are number of people who have know the limitations of LIDAR and successfully defended themselves against LIDAR tickets.

Radar Detector Jammer Forum
 

HighwayMan

Super Secret Senior Member
...but those statements must backed up by the other officer testimony, otherwise it is hearsay.
Not necessarily, "Maestro".

In New York the "fellow officer" rule applies, especially in traffic cases. Something another officer tells me does not get treated as hearsay.
 

You Are Guilty

Senior Member
Not necessarily, "Maestro".

In New York the "fellow officer" rule applies, especially in traffic cases. Something another officer tells me does not get treated as hearsay.
It's been a while since I was an auxiliary, but way back in the early 90s, there was a case that went to the Court of Appeals about whether the fellow officer rule applied to Aux. police (it does, btw). However, what I do vaguely remember from that case is that the rule is applicable to warrantless arrests. I'm not sure whether there is any authority to extend it to traffic cases (although my lack of awareness in no way indicates that there isn't any - it just means it's more research for the OP :) ).
 

HighwayMan

Super Secret Senior Member
It's been a while since I was an auxiliary, but way back in the early 90s, there was a case that went to the Court of Appeals about whether the fellow officer rule applied to Aux. police (it does, btw).
I remember that from when I was an APO also! Small world.
 

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