CVC 22350 Trial De Novo, LIDAR No Distance

[honghai66]

My question involves a speeding ticket from the State of: CA
I have been watching this forum for a year, really learned a lot of from your guys.
I lost my TBD and requested TDN next month. On the ticket,the cop didn't write down the distance between Lidar and my car, he showed me the screen display 61 (speed),no distance displayed, he also didn't mention the distance in officer's declaration. Should I consider this as one of my argument in TDN.
That guy, I will post more details and the officer declaration later after my case is closed. I don't want the cop get alerts.
Thanks

[That Guy]

On the ticket,the cop didn't write down the distance between Lidar and my car, he showed me the screen display 61 (speed),no distance displayed

Here are the requirements for what MUST be stated on a speeding citation:

California Vehicle Code Section 40503. Every notice to appear or notice of violation and every complaint or information charging a violation of any provision of this code regulating the speed of vehicles upon a highway shall specify the approximate speed at which the defendant is alleged to have driven and exactly the prima facie or maximum speed limit applicable to the highway at the time and place of the alleged offense and shall state any other speed limit alleged to have been exceeded if applicable to the particular type of vehicle or combination of vehicles operated by the defendant.

As you can see "Lidar distance" is not listed...

he also didn't mention the distance in officer's declaration. Should I consider this as one of my argument in TDN.

Sure, consider it... Just understand that the decision as to whether that the lack of that information will create sufficient reasonable doubt as to whether you were speeding, is up to the judge.

That guy, I will post more details and the officer declaration later after my case is closed.

Unfortunately, posting more details AFTER your case is closed will do you no good... But you're free to keep it all a secret if it makes you feel more comfortable!

I don't want the cop get alerts.

Do you seriously think that officers are browsing online forums trying to improve their chances of winning in court? My guess is that the officer's testimony is based upon the facts of the case, and nothing else...

[honghai66]

If I am not wrong the LIDAR unit shall display distance and speed at the same time, operator cannot turn off the distance display. The LIDAR unit is LTI Ultralyte LR100. The unit that the cop showed me looks like Radar gun.
Thanks.

[That Guy]

If I am not wrong the LIDAR unit shall display distance and speed at the same time, operator cannot turn off the distance display. The LIDAR unit is LTI Ultralyte LR100. The unit that the cop showed me looks like Radar gun.
Thanks.

I'm not sure what your point is! Are you saying that he used Radar and yet he's stated that he used Lidar instead?

It is possible that he made a notation of the distance on his notes (usually written on the back of his copy of the citation). Did you request a copy of his notes when you requested "discovery" and if so, did you find anything with regards to distance in his notes?

The fact that he did not include the distance in his declaration means nothing at this point considering the fact that you have already requested a TDN (and his declaration means nothing in your NEW trial).

If you feel the distance is such an important factor in your guilt or innocence then you should wait until he testifies and then question him about it in court to see what he says.

[honghai66]

I'm not sure what your point is! Are you saying that he used Radar and yet he's stated that he used Lidar instead?
You get the point, but why he do that, it doesn't make sense.
It is possible that he made a notation of the distance on his notes (usually written on the back of his copy of the citation). Did you request a copy of his notes when you requested "discovery" and if so, did you find anything with regards to distance in his notes?
No, I didn't request "discovery". I am thinking to request it to see the notes and log. However I don't want alert the cop cause in his declaration, the laser gun calibration date is one month after my ticket date.
The fact that he did not include the distance in his declaration means nothing at this point considering the fact that you have already requested a TDN (and his declaration means nothing in your NEW trial).
Right.
If you feel the distance is such an important factor in your guilt or innocence then you should wait until he testifies and then question him about it in court to see what he says.

Ok, thanks, I still want you to take a look at the cop's declaration personally, not here.

[That Guy]

Ok, thanks, I still want you to take a look at the cop's declaration personally, not here.

Nothing personal, but I'm not going to post my e-mail address for all to see.

You can upload it to photobucket or imageshack and then Private Message me the link... Make sure you redact all personal info before you upload it.

[honghai66]

Nothing personal, but I'm not going to post my e-mail address for all to see.

You can upload it to photobucket or imageshack and then Private Message me the link... Make sure you redact all personal info before you upload it.

Ok, how can I Private Message you the link?
Thanks

[That Guy]

Ok, how can I Private Message you the link?
Thanks

Click on my screen name in one of my posts, then click on "Private Message".

[sniper]

Well, with lidar, if the distance is calculated wrong by the machine then the speed displayed will be wrong. The distance is there for the officer to double check the speed reading. So yes, distance is importiant. It's only really crucial when the officer testifies and dosen't mention it.

[honghai66]

Well, with lidar, if the distance is calculated wrong by the machine then the speed displayed will be wrong. The distance is there for the officer to double check the speed reading. So yes, distance is importiant. It's only really crucial when the officer testifies and dosen't mention it.

Yes, sniper, you are right, "laser gun transmit light beam that measures the distance between laser gun and the target vehicle. once distance is known, speed is calculated by comparing the change in distance against a span of time." So the distance is key value for laser gun speed measurement, there is no way he can ignore it. I am still wondering why the officer didn't include it on my ticket and in his declaration. Is it possible he don't know or forget write it down?
Thank you.