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re: LIDAR Speeding Ticket

Posted on 6/28/14 at 12:45 pm to
Posted by SPEEDY
2005 Tiger Smack Poster of the Year
Member since Dec 2003
83413 posts
Posted on 6/28/14 at 12:45 pm to
quote:

I need some advice on what I should do. I feel like I have been wronged in this by a Lt. that wanted to just meet his "Quota".

I feel I have a decent chance fighting this ticket in court, before I talk to a lawyer friend of mine, I wanted to see other side of perspective that I may have missed or not.

Please refrain from the obvious comments such as "Stop Speeding"...because that does not contribute to my initial question.

Finally, here is the scenario. I was traveling I-49 southbound from Harry Guibeau Exit in Opelousas. At that sharp descent hill few miles after the merging ramp, there was a State trooper standing outside of his SUV with LIDAR radar pointing at the apex of the hill. He was on a level ground when I was at top of the hill, in the left lane. I was traveling alongside with group of 3 cars. 2 in Right lane and I was in the middle of the pack. Obviously, he pointed at the left lane where I was.

Before the apex, I admit that I was going at 80 mph. But knowing this bottom of hill was a speed trap. I slowed down to 76 mph before crossing the apex. I saw the cop pointing in my direction, he got in his suv and took him about a minute to stop me. He said I was going over 80 mph, I said "Oh wow, that is not right, I believe I was not going at that speed, maybe 75-78 mph but not 80 mph."

I asked to see his LIDAR read out, he refused and told me to subpoea it. I asked when was the last time he calibrated it. He went back to his SUV, 10 seconds later, a quick walk back and told me 4:30 AM. I took the ticket and got in my car.

Okay, here is why I think I can fight this is because there is few things wrong in this ticket and the situation.

In the "DOB" line, he put the year 67 where I was actually born in 87.

Secondly, in the "Unlawfully Operated" space, he put the year 2015.

Thirdly, he did not take down my VIN number.

Fourth, He did not put specific location where he took the LIDAR reading. No milepost indicated or whatsoever, only "Southbound".

Fifth, He did not write the distance how far he took the LIDAR reading to where my car was "considered" to be in excess of 80 mph. Which I thought was required to record with the LIDAR violation.

That's just all from the citation. Now let me get into the technical aspects. When the Lt. told me he calibrated the LIDAR at 4:30 AM. I knew that was shady because to calibrate that radar, it has to be in daylight and clear conditions to record the speed accurately. I checked the weather data for June 26 4:30 AM. It was still dark and slight rain. He used the LIDAR THAT he calibrated at 4:30 AM to record me at 7 AM where the conditions were overcast. Which is a HUGE difference. For one, the difference in light conditions can cause problems with the light refraction algorithm in the LIDAR.

Secondly, The LIDAR must be stationary, using a tripod is highly recommended. However in this case, this Lt. was pointing up at an angle that possibly could have caused an error in its readout. Your arms and hands will no matter what weave and bob at an evaluated angle without the use of tripod. Remember I said I was traveling in a group of cars alongside me. This could have caused a error readout.

Thirdly, what I read, LIDAR is already calibrated out of the box/shop and no need to re-calibrate. I would have to subponea the data report to confirm that.

That's pretty much it. Before you say anything that I was speeding and I should pay for it. Consider this, interstate is seen as "Relative Speed". In other words, it is acceptable to drive within in reason from 70-75 in a safe way as in a way to not impede traffic flow. I know I was definitely at 76mph when I crossed the APEX, the Lt putting 80mph on my ticket is just wrong and possibly would make my insurance rate go up if I dont fight this.




Posted by CT
Kate Upton's back
Member since Sep 2004
21054 posts
Posted on 6/28/14 at 12:46 pm to
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