My question involves a speeding ticket from the State of: Texas
Just found this. My court date is Tuesday so need some help fast, please
Hall v State of TX , 10th Court of Appeals
And then STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE TENTH COURT OF APPEALS Hall v State 297 S.W.3d 294
"In making this determination, the court observed that there are no Texas authorities confirming the reliability or admissibility of LIDAR technology." And the court states LIDAR is "novel scientific evidence". The date was Sept. 2009
They mention Kelly v State 824 S.W.2d 568 (1992) and Rule 702 which discusses novel scientific evidence.
So unless the prosecution meets all the points of Rule 702, once the prosecution rests, do I move the LIDAR evidence be stricken as inadmissible due to Rule 702? And then site Hall v State, Kelly v State, Hartman v State and five or so more? I realize the judge can just say "I take judicial notice of LIDAR" and I realize the cop's idea he saw me speeding may be enough to convict but I'm just trying to make sure I'm prepared.
When I cross examine the cop, should I ask about him calibrating the device, was he trained, is he an expert, ect or if he doesn't bring it up, just move on and wait until they rest and then it's too late for them?
Also, should I ask to approach the judge to move for the evidence to but stricken, so the jury doesn't hear the conversation or not worry about it?
Last thing, what is the language I would use if I object, the judge overrules and I wanted it noted for appeal? Do I just say please note my objection? Or do I say something like "your honor, in Hall v State the court observed that there are no Texas authorities confirming the reliability or admissibility of LIDAR technology, I re-new my objection"? Thanks.