Judicial Review of Lasers in Ohio

[midwesttrucker]

What is the name of your state? OH

I live in Ashland, KY. Have an Oklahoma driver's license and was ticketed in Madison Co. Ohio for speeding. As a truck driver the posted speed limit is 55 and I was clocked at 67 by laser.

My question is whether or not lasers have judicial review in Madison Co., OH? Perhaps I'm misguided but have read that in the absense of the court recognizing the scientific accuracy of lasers then the evidence offered by the police officer during testimony can be objected to. Furthermore I would like to know if the foundation documentation required would be the same for lasers as it is for radar?

Any assistance is sincerely appreciated.

Jerry

 

[sukharev]

Ignore the previous reply, it's a regular attempt to derail the forum into racial, filthy remarks.

As to your question, I don't know if Madison court had ever issued a judicial notice or had a Frye hearing (highly doubt it), but it does not hurt to try this argument at trial. Here are two interesting cases to look at:

http://www.sconet.state.oh.us/rod/newpdf/8/2005/2005-ohio-1662.pdf
http://www.sconet.state.oh.us/rod/newpdf/1/2004/2004-ohio-5992.pdf

Also, the best review of how to phrase judicial notice argument I found is on Tipmra website, look up sample laser defense.