Have my Public Request Documents very Interesting stuff

[Ma_playa]

What is the name of your state (only U.S. law)? MA

OK so I finally got the information I have requested for my ticket I got back in April of 2009.

My first question is this:
1. How often should a LT1 UltraLyte Lidar be calibrated? The last calibration date for this lidar was 4/21/03 per the Certificate of Calibration.

Now to the good stuff. I asked for the log of tickets the officer wrote from 5/9/09 to 5/23/09. I got them and I have separated them out by date, time, offense, and assessment. The results are as followed:
a. 36 total tickets given in the above time frame.
b. 21 tickets for speeding
-19 warnings given (biggest warning was for going 58 in a 30)
-2 tickets for monetary amount. Mine was $160 for going 46 in a 30; the other was given $100 for going 59 in a 30
c. 14 tickets for stop sign violation
- 12 warnings
- 2 ticketed $25 for Seat Belt Violations
d. 1 ticket for inspection violation.
-1 warning issued

From these records it looks like I stand a decent change of appealing my speeding to a judge. What are your thoughts on this information?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[I_Got_Banned]

Originally Posted by Ma_playa

1. How often should a LT1 UltraLyte Lidar be calibrated? The last calibration date for this lidar was 4/21/03 per the Certificate of Calibration.

I don't know what the requirement is in MA but that does seem like a long time.

Originally Posted by Ma_playa

I asked for the log of tickets the officer wrote from 5/9/09 to 5/23/09. I got them and I have separated them out by date, time, offense, and assessment. The results are as followed:
a. 36 total tickets given in the above time frame.
b. 21 tickets for speeding
-19 warnings given (biggest warning was for going 58 in a 30)
-2 tickets for monetary amount. Mine was $160 for going 46 in a 30; the other was given $100 for going 59 in a 30
c. 14 tickets for stop sign violation
- 12 warnings
- 2 ticketed $25 for Seat Belt Violations
d. 1 ticket for inspection violation.
-1 warning issued

From these records it looks like I stand a decent change of appealing my speeding to a judge.

As far as the part that I underlined, and according to what I see in MGL Chapter 90: Section 20. Penalties and punishments the fine amount depend upon a number of different factors including the type of vehicle driven, the MGL section violated, the driver's past history of violations, zoning restrictions, whether it was a construction area or not... etc, in addition to the # miles above the speed limit. So without knowing all that information about the other citation & driver, I'm not sure what point if any you're going to be making.

As for the rest of the information you posted, would you care to elaborate as to how any of that proves or disproves that you were wrongfully cited? What do stop sign warnings/citations or seat belt warnings/violations or even inspection violations have to do with YOUR speeding citation?

[JakeTB16]

Originally Posted by Ma_playa

How often should a LT1 UltraLyte Lidar be calibrated? The last calibration date for this lidar was 4/21/03 per the Certificate of Calibration.

I'm not sure for MA. I know that in NY (Case: People v. Struck) it was determined that a Radar/Lidar unit must be calibrated immediately before and after an offense is witnessed. It is not good enough to calibrate the unit before and after an officers shift in NY, so I don't see why in MA its ok to leave the system uncalibrated for years. Be sure you're not looking at the date the officer was licensed to operate the device, and your not looking at the Certificate for Original Calibration (its verification that it can be used in the field.)

I would try to subpoena a Calibration Log for that unit, as you probably subpoenaed the wrong information, or the precinct sent you that information in hopes you would try to use it in court, and make an ass out of yourself.

[I_Got_Banned]

Originally Posted by JakeTB16

I'm not sure for MA. I know that in NY (Case: People v. Struck) it was determined that a Radar/Lidar unit must be calibrated immediately before and after an offense is witnessed. It is not good enough to calibrate the unit before and after an officers shift in NY

There is a big difference between periodically calibrating a unit and testing it before and after issuing a citation and/or at the beginning and end of the officer's shift.

[JakeTB16]

Radar calibration log will show how often and at what times the unit was calibrated (checked for accuracy). In two cases (Wisconsin v. Hanson and Minnesota v. Gerdes) it was established that calibration checking with a tuning fork should be preformed “within a reasonable time” after the citation is issued. In two other cases (Connecticut v. Tomanelli and New York v. Struck) it was further ruled that a tuning fork calibration should be performed immediately before and after a citation is issued. All of these cases have established that tuning at the start and end of the shift is not acceptable even though this is often the normal practice. FCC License to operate the radar unit is for a specific, or range of specific, frequency. You need to compare the frequency information in the manufacturer’s manual and specifications against the FCC license. This will verify that the officer was operating the radar unit legally. Keep in mind that only the department and not the actual officer need to be licensed by the FCC. Tuning fork calibration information is necessary to show that the radar unit has been calibrated to a “traceable standard.” Without the calibration certificate the tuning fork is immediately suspect as accurate for calibrating the radar unit.

-http://www.worldlawdirect.com/article/903/Fighting_a_speeding_ticket.html

If you are planning on fighting this ticket yourself, there is invaluable information on the page, and I recommend reading it all.

[Ma_playa]

Originally Posted by JakeTB16

-http://www.worldlawdirect.com/article/903/Fighting_a_speeding_ticket.html

If you are planning on fighting this ticket yourself, there is invaluable information on the page, and I recommend reading it all.

I have been to that page but Lidar units do not use Tuning Forks. I planned on calling the company that calibrated it and asking them how often one need to be calibrated. Can't hurt I wouldn't think!

[Maestro64]

If you're going to fight a LIDAR ticket in MA go to this website, there is a guy there who is a subject matter expert on LIDAR and MA laws, he can provide you what you need to contest the ticket.

[url=http://www.radardetector.net/forums/]Radar Detector Jammer Forum[/url]

All you need to do is a search on MA and LIDAR and you find his name all over those postings. He owns his own LIDAR units and rents them out to fight ticket. He has a petty good track record of helping people win.

You will have to join to see his posting.

[Ma_playa]

Originally Posted by I_Got_Banned

I don't know what the requirement is in MA but that does seem like a long time.

As far as the part that I underlined, and according to what I see in MGL Chapter 90: Section 20. Penalties and punishments the fine amount depend upon a number of different factors including the type of vehicle driven, the MGL section violated, the driver's past history of violations, zoning restrictions, whether it was a construction area or not... etc, in addition to the # miles above the speed limit. So without knowing all that information about the other citation & driver, I'm not sure what point if any you're going to be making.

As for the rest of the information you posted, would you care to elaborate as to how any of that proves or disproves that you were wrongfully cited? What do stop sign warnings/citations or seat belt warnings/violations or even inspection violations have to do with YOUR speeding citation?

It matters to me because all of the people given monetary amounts didn't live in East Boston or Revere. I had a clean driving record before this ticket and the location if you read my previous posts is at the line of East Boston and Revere. The 12 tickets written were at the same address where I was ticketed. 6 were pulled over on 5/9/09: 3 before me and 2 after me. I was the only non resident to get a ticket all others were given warnings:
1. Warning for going 52 in a 30 @ 9:20am
2. Warning for going 44 in a 30 @ 9:35am
3. Warning for going 45 in a 30 @ 9:55am
4. Ticketed $160 for going 46 in a 30 @ 10:05am
5. Warning for going 44 in a 30 @ 10:15am
6. Warning for going 49 in a 30 @ 10:25

To me he was showing benefit of the doubt because they lived in either Revere or East Boston. Everyone not from those 2 cities were given monetary amounts to pay. Is it that hard to think he wasn't just ticketing out of city drivers?

[Zigner]

Originally Posted by Ma_playa

Is it that hard to think he wasn't just ticketing out of city drivers?

Ok, maybe he was. Not that it matters in YOUR case!

[I_Got_Banned]

Originally Posted by Ma_playa

if you read my previous posts is at the line of East Boston and Revere.

If you wanted me to refer to information you posted in your previous posts, then you should have kept ALL your questions in that same thread!

Originally Posted by Ma_playa

6 were pulled over on 5/9/09: 3 before me and 2 after me. I was the only non resident to get a ticket all others were given warnings:
1. Warning for going 52 in a 30 @ 9:20am
2. Warning for going 44 in a 30 @ 9:35am
3. Warning for going 45 in a 30 @ 9:55am
4. Ticketed $160 for going 46 in a 30 @ 10:05am
5. Warning for going 44 in a 30 @ 10:15am
6. Warning for going 49 in a 30 @ 10:25

To me he was showing benefit of the doubt because they lived in either Revere or East Boston. Everyone not from those 2 cities were given monetary amounts to pay. Is it that hard to think he wasn't just ticketing out of city drivers?

So you're saying that the officer was "profiling" drivers based on where they live or discriminating against out of towners?

And I'll ask my question that I posted earlier (in this same thread)... would you care to elaborate as to how any of that proves or disproves that you were wrongfully cited?... meaning "How does that refute the officer's version of events when he testifies that you were speeding?"

[Ma_playa]

Originally Posted by I_Got_Banned

If you wanted me to refer to information you posted in your previous posts, then you should have kept ALL your questions in that same thread!


So you're saying that the officer was "profiling" drivers based on where they live or discriminating against out of towners?

And I'll ask my question that I posted earlier (in this same thread)... would you care to elaborate as to how any of that proves or disproves that you were wrongfully cited?... meaning "How does that refute the officer's version of events when he testifies that you were speeding?"

Maybe it doesn't but I know I wasn't going 46, 40 yes but 46 no. He was lidar'n me around a curve! And he had to estimate my speed as well. It me it seems like I may have a case, it could be wishful thinking but maybe I am just hoping the calibration of the lidar is was past due. I being an OSHA officer have to have my equipment calibrated every year. What if I didn't get my Oxgen Meter calibrated for 6 years and allowed my coworkers to go inside of a confined space? Hmmmm sounds like I could be in for a hazardous atmosphere and people could die because instrument wasn't calibrated on time. So maybe I am just hoping that is the straw to use but hopefully I can craft some questions for the officer that prove that the reading and his technique is flawed.

I also don't believe the officer will be able to recount our little encounter since the back of the ticket is blank with no notes. I think the lidar could be off more because it was raining. Again wishful thinking but what do I have to loose?

Sorry didn't mean to come off any way with my previous replies maybe could have proofread them a bit better before posted but was a little too impatient!

[justalayman]

to make any legally acceptable argument concerning the calibration, you will have to know the states requirement. Who knows, maybe they do not require calibration subsequent to initial calibration from the manufacturer. Wouldn't make sense but hopefully you get the ponit.


same thing with rain; simply suggesting it cause the reading to be incorrect will do nothing for your case. You have to have acceptable support to prove it makes a difference.

as to estimating or LIDAR; if he claims LIDAR, then that is what he is using for his determination of your speed.

You are considering venturing down a path that many have taken; some won, some lost, but to do this, you can't just suggest and infer. You have to have court acceptable proof of your claim.

[Ma_playa]

Originally Posted by justalayman

to make any legally acceptable argument concerning the calibration, you will have to know the states requirement. Who knows, maybe they do not require calibration subsequent to initial calibration from the manufacturer. Wouldn't make sense but hopefully you get the ponit.


same thing with rain; simply suggesting it cause the reading to be incorrect will do nothing for your case. You have to have acceptable support to prove it makes a difference.

as to estimating or LIDAR; if he claims LIDAR, then that is what he is using for his determination of your speed.

You are considering venturing down a path that many have taken; some won, some lost, but to do this, you can't just suggest and infer. You have to have court acceptable proof of your claim.

Yes I will be calling Laser Technology, Inc. in Englewood, CO on Monday when they open! THey calibrated the lidar and I will ask them my questions.

[justalayman]

as to the calibration requirements; that is a matter of state law/rules. That is something you will need to research in MA's statutes and rules of evidence.

[Maestro64]

Originally Posted by Ma_playa

Yes I will be calling Laser Technology, Inc. in Englewood, CO on Monday when they open! THey calibrated the lidar and I will ask them my questions.

They will not answer your questions, these company do not talk to the general public. Also, calibration period is defined by the manual and I believe some of these LIDAR units states it only needs to be Calibrated once ever 3 yrs some say yearly it varies by company.

Like a said, no one here is a LIDAR expert and your best course is to go to that website I listed and talk to the person there. He can tell you more and anyone else can here.