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  1. #1
    Join Date
    Nov 2009
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    3

    Default LIDAR 85mph 844ft

    My question involves a speeding ticket from the State of: California

    Hello all, been reading these forums for a bit now, decided to register and see all the opinions here.

    I was cited for CVC 22349(a).
    I wasn't expecting much, but I believe this cop was nervous, I started asking him questions and he relayed some info to me regarding the situation -
    He told me that I was in the #1 lane behind a silver car which he told me was doing 72mph with his LIDAR unit, and then told me i was doing 85mph with LIDAR reading. Then I proceeded to switch into the #2 lane.

    Now, at this point I noticed a cop on the underpass of the 118W throw something into his trunk (LIDAR unit) and proceed to run into his car and pursue me.

    During the stop, i asked the officer when his last calibration was done to his hand-held LIDAR unit. He responded with a delay saying January 23 2009.

    -edit - also the officer put 80mph down as my speed approx. in the box where they fill out this information.
    My ticket is due 12/15/2009, any help would be great! - Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,886

    Default Re: LIDAR 85mph 844ft

    What's your question? Do you have any ideas about possible defenses to the ticket, or are you praying for a miracle?

  3. #3
    Join Date
    Nov 2009
    Posts
    3

    Default Re: LIDAR 85mph 844ft

    Thank you for the response, my question is,
    What should i proceed to do right now?
    The thoughts running in my head now are:
    Obtain a traffic & engineering speed survey for that stretch of the highway to determine if it was a speed trap? (Illegal use of LIDAR in a speed trap)
    Was the T&E survey current?
    Possible certification for LIDAR, is it current? is there a difference in what day he told me it was calibrated, does that mean he didnt do it in the morning of the violation?
    competent in using such device, what training was done. how accurate is LIDAR at that range.

    any other thoughts?
    Thank you

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: LIDAR 85mph 844ft

    Quote Quoting xgptrife
    View Post
    Obtain a traffic & engineering speed survey for that stretch of the highway to determine if it was a speed trap?
    Was the T&E survey current?
    If you were cited with 22349(a), then you were charged with exceeding the statutory speed limit of 65mph. No speed survey is required to justify that type of limit. So a speed trap defense is out.
    Quote Quoting xgptrife
    View Post
    Possible certification for LIDAR, is it current? is there a difference in what day he told me it was calibrated, does that mean he didnt do it in the morning of the violation?
    The vehicle code requires that RADAR and LASER calibration be done once every 3 years prior to the date of the alleged violation and if his was last calibrated in January of this year, that certainly satisfies that requirement.

    The officer does in fact need to present a certificate of calibration to the court as part of his testimony. To obtain a copy of that certificate, you can file an Informal Discovery Request (search the forums here and/or Google the term and you'll find plenty of information).

    If this is a CHP issued citation then you can bet that his equipment was undoubtedly calibrated more often than the 3 year requirement.


    Quote Quoting xgptrife
    View Post
    competent in using such device, what training was done. how accurate is LIDAR at that range.
    In addition to the calbration requirement (above), the officer must also present to the court a certificate of training on the use of Radar (24 hour course) and the use of LASER (2 hours of training). Again, if this is a CHP issued citation, and since their primary duty is traffic enforcement, then you can bet that he is qualified to use those devices and will present proof of these certifications in court.

    Quote Quoting xgptrife
    View Post
    how accurate is LIDAR at that range.
    844 feet is certainly within a reasonable distance to get an accurate reading.

    Quote Quoting xgptrife
    View Post
    any other thoughts?
    Based on what you posted, your chances of defeating this are pretty slim.

    Good luck!

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