Frye Hearing Scheduled for Lidar

On November 9, 2009, we published a post about how speeding tickets issued with Lidar machines are being routinely dismissed in Chicago.   Lidar, or laser, is the main type of detector used by Chicago police.  Cook County judges have been dismissing those tickets because they have not been accepted as scientifically reliable  in court.   In order for new technology to be admissible in court, a hearing must be held in court with testimony and evidence for the court to determine if the machine is scientifically reliable.  This hearing, known as a Frye hearing, has not yet been held in Chicago.  Now comes word that such a hearing will be held in the next couple of months.  The case involves a man pulled over for speeding and driving under the influence of alcohol (DUI) on the Chicago Skyway.  Lidar uses light beans rather than radio waves.  In October, prosecutors began seeking Frye hearings in which defendants were represented by attorneys but their attorneys always backed out, thus leaving the issue of whether the Lidar devices are scientifically reliable undecided. The uncertainty surrounding this device will soon be decided.  If the court finds them to be scientifically reliable, motorists will no longer be able to expect that these tickets will be routinely dismissed.  We will keep our readers updated on any developments.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.