Re: What are the Defenses to a LIDAR Ticket
Not a lot of states will allow for discovery for a traffic infraction. In fact, it's most likely going to piss of the court more than the prosecutor. The court most likely won't reply to your letter, and they certainly won't dismiss due to lack of discovery in a state that has no rules for traffic discovery. In my brutally honest opinion, I believe that you should give up on the discovery.
Where does that leave you? Well, looks to me that you're gonna have to go to court.
In response to prosecutorial questions, just say, "Your honor, I would like to let the record show that I am not willing to testify against myself." If you have to reply with that statement a million times, then so be it. It's your constitutional right: Use it.
Don't worry about diverting questions. If you don't take the stand, then you can't be asked questions. If you're asked questions while making a motion for dismissal or while your crossing the officer, then I would reply by looking at the judge and saying, "Your honor, I had no idea that I was giving testimony at this time. I would prefer that you ask the prosecutor to hold his tongue to strictly objections of my line of questioning."
The judge might be taken aback, but legally, he has to agree with you. You're not testifying - you don't have to. Even if he hates you he MUST to tell the prosecutor to back off.
If you're polite to the prosecutor, you'll find the prosecutor won't play "dirty." Remember that childhood saying, "treat other's as you'd like to be treated?" That applies in the courtroom as well.
Stick to your point that distance is needed to prove your guilt. There's going to be something in the manual about a beam of a LIDAR device. If you need to, try calling the police department and ask them what type of LIDAR devices are used by the department. If you're nice, I don't see why they'd hide that information from you.
Another point I'd like to see driven home is a point about adverse weather affecting LIDAR performance. Quite a few manuals will say this. If the manual says something that could affect the device, EXPLOIT IT.
Edit: Actually. Just thought of something. Some states have a law that will cover the inspection of public records. If you can find one, you can request inspections of the public records for the case. You can use this as a defense as well when the trooper doesn't respond to the request for the inspection of public records.
"A jury consists of twelve persons chosen to decide who has the better lawyer." ~Robert Frost