In the past few days, the Chicago newspapers have published articles about how motorists can beat traffic tickets issued by the Chicago police. Let me explain how it works. The vast majority of police departments in Illinois use the LIDAR laser detection device. It's the primary speed detector used by the Chicago Police. It differs from radar in that it uses light detection rather than radio waves. However, in order for the technology to be accepted in Court, the prosecution is required to conduct a "Frye" hearing in which the prosecutor brings experts to court and proves that the technology is sufficiently reliable that it should be accepted in Court. No such hearing has ever been held when it comes to LIDAR devices. The main reason is that when a defendant challenges the technology and the state gears up to conduct such a hearing, the defendants back out and plead guilty rather than conduct a long and expensive hearing over a simple speeding ticket. As a result, the courts have not accepted the technology and are routinely dismissing tickets generated by the use of the LIDAR devices. However, this has not deterred the City of Chicago from accepting payment of fines from motorists who just mail in their tickets and pay the fine. But for the motorists who show up to Traffic Court, the tickets are just routinely being dismissed when the judge sees that the LIDAR device was used to measure the speed of the motorist.
The lesson is to show up to traffic court rather than to just pay the fine.
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.
The lesson is to show up to traffic court rather than to just pay the fine.
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.
4 comments:
Since the officer's proficiency in aiming a LIDAR is crucial to its accuracy. It appears that each officer's ability to accurately aim the LIDAR is a inescapable interconnected element to the technology's accuracy. LIDAR operator manuals routinely suggest the LIDAR be used with a tripod, shoulder support and not "wash" the side of the target vehicle with the LIDAR beam, but keep the beam trained on the registration plate while the car is in motion. So unless a Frye hearing is performed on each officer this LIDAR will remain an unsubstantiated science in my humble opinion. Barnet Fagel - National Motorists Association - motorists.org
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