Thursday, February 11, 2010

Cook County Judge Upholds Lidar

A Cook County Judge upheld the admissibility of the Lidar speeding tickets issued by the Chicago Police.  This ruling may put an end to the routine dismissal of the tickets issued as a result of the use of the Lidar device.  Judge Eileen Burke ruled on the admissibility of the device without holding an evidentiary hearing.  The 2nd District Appellate Court upheld a decision by a DuPage County Judge that found that Lidar was scientifically admissible citing rulings by courts throughout the United States.  Based on that decision, Judge Burke ruled that Lidar was scientifically admissible in Cook County.  Whether Judge Burke's ruling will be upheld is yet to be determined.  The attorney for the Defendant in this case has indicated that he may appeal her ruling on the basis that the opinion out of the 2nd District is not binding on Cook County, which is in the 1st District.  And the Cook County States Attorney's Office is not so sure that this decision will be upheld.  They are gearing up for a Frye hearing next month.

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.

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