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The advice offered here is that of attorney Norman G. Fernandez |
HOW TO BEAT A
SPEEDING TICKET
| by Attorney Norman G. Fernandez |
Copyright © Norman G. Fernandez |
LASER
Laser and radar serve the same purpose but they are really different entities,
which are achieving a common goal. Radar uses a radio beam and measures
at the speed of sound while laser uses a light beam and takes measurement
based on the speed of light. A typical radar beam is between 15 and 18
degrees wide. Laser is considerably more precise with a beam width of one
sixth of one degree. At a distance of 1 mile a radar beam can expand to
over 500 feet wide. A laser beam will only expand to 19 feet wide. At a
more common distance of 1000 feet radar will expand to over 100 feet wide,
while laser expands to only 3 feet wide. Despite its accuracy, laser is
not unbeatable. It is affected by weather conditions. Fog, clouds and rain
can significantly reduce the operating range. You may not use it through
a windshield, and it must be used as a stationary set up. Calibration and
maintenance may only be done by a factory trained specialist at an authorized
repair facility. Laser beams usually target a vehicles license plate. In
order to work properly, light must reflect off the surface of the vehicle
and the license plate is designed to be highly reflective for that purpose.
If you have a low vehicle with little or no chrome, it is difficult for
a laser to detect you. In order to avoid a laser, you should coat your
license plate with a high gloss clear coat so as to deflect the beam.
Before using a laser beam, it should be calibrated by using all three of
the following methods:
-
The self test button should
be used and the resultant should be 8.8.8.8.
-
Pointing the unit at a stationery
target should result in a reading of 0 mph.
-
The audio and sight tones should
be tested by sweeping across a telephone pole.
In
this country, the most commonly used laser detector is the Marksman LTI
20.20. The manufacturer says that they will have a beam width of two feet
at a distance of 1300 feet. The accuracy is claimed to be precise within
1 mph up to 60 mph and within 3 % for speeds over 60 mph. This unit does
have some downfalls. The Marksman has an unusual distribution of beam intensity
which gives you changes in the aiming point. The Marksman can actually
detect another vehicle within five feet of the target vehicle. In order
to prepare against a laser defense you have to know what the jurisdiction
for laser cases is in the area that your citation was issued. There are
only a few states that have given laser judicial notice, which basically
is a legal ruling that establishes specific evidence as beyond dispute.
Radar has judicial notice in every state. If there is no judicial notice
entered in the state in which you are appealing your ticket, the prosecutor
needs to have an expert witness testifying to the accuracy and reliability
of the unit. If that witness is the manufacturers representative you can
have him disqualified since his company has a financial interest of that
particular case, and he may be impartial. New Jersey Superior Court Judge
Reginald Stanton stated in his June 13, 1996 ruling that he was not convinced
of the accuracy of the LTI Marksman. He ruled that any readings taken with
that unit would not be accepted as evidence in any pending or speeding
ticket cases. If the state in which you are appealing your ticket has been
awarded judicial notice you might want to review the New Jersey case when
you prepare. The rest of the case is very similar in how you would handle
a radar defense. Concentrate on the training of the officer, the self test
methods and the calibrations of the unit, what the weather conditions were,
and the amount of traffic that was traveling at the time the citation was
issued. Your best bet still is that the officer does not show up in court.
You should however, be properly prepared in case he does.
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