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Monday, February 23, 2009

LTI Marksman 20-20 Laser Speed Detection discussed

A client came into my office today inquiring as to the validity of the LTI Marksman 20-20 Laser Speed Detection system. My answer to his question was, Yes but that is not the end of the story because its reliability can be challenged. In 1998, the NJ law Division case of Matter of LTI Speed Detect System, 314 NJ Super. 233 (Law Div. 1998) held that the LTI Marksman 20-20 Laser Speed Detection system (hereinafter, Laser Gun) may be admitted into evidence in a speeding case however, as a prerequisite the State must show:
1. Police officer had appropriate training
2. Officer performed the pre-operational checking procedures.
In addition, it is imp0rtant to understand that the Laser gun (according to the opinion) is reliable in measuring speeds within 1,000 ft thus anything outside of 1,000 ft should be challenged. Moreover, if at the time the speed measurement was taken it was raining or snowing then the State MUST introduce expert testimony demonstrating the reliability of the reading in those conditions.
Well, what does that mean to u? If you incurred a speeding ticket in the rain or snow (which is not unusual this time of year) and the device used by the police officer to measure ur speed was the Laser Gun cited above then u can collaterally attack the ticket (since most municipal prosecutors will not take that extra step in retaining an expert). BTW to substantiate ur argument do not forget to bring with u a copy of the weather report for the day in question

1 comment:

  1. Thank you for the information, it was nice of you to make it available.

    --Randy Hagerman

    ReplyDelete