Laser Speed Detection System LTI Marksman now used to issue speeding tickets in New Jersey
The landmark case on Laser speeding tickets is In the Matter of the Admissibility of Motor Vehicle Speed Readings Produced by the LTI Marksman 20-20 Laser Speed Detection System 314 N.J. Super. 233, 714 A.2d 381; (Law Div. 1998)
Reginald Stanton, Assignment Judge wrote:
I am satisfied from the evidence presented in the proceedings which led to the issuance of my Opinion of June 13, 1996 and from the evidence presented during the recent hearings before me that the general concept of using lasers to calculate the speed of motor vehicles is generally accepted within the relevant scientific community and is valid. Despite the fact that the testing conducted was far from perfect, it was adequate, and I am satisfied from the totality of the evidence presented to me that the laser speed detector produces reasonably uniform and reasonably measurements of the speed of motor vehicles under conditions likely to be present on New Jersey highways when the detector is used for law enforcement purposes. The error trapping programs and mechanisms built into the detector are fully adequate to prevent unreliable speed measurements when used for law enforcement purposes. Accordingly, under the broad teaching of cases such as Romano V. Kimmelman, 96 N.J. 66, 474 A.2d 1 (1984), and State v. Wojtkowiak, 170 N.J. Super. 44, 405 A.2d 477 (Law Div. 1979), reversed on other grounds, 174 N.J. Super. 460, 416 A.2d 975 (App. Div. 1980), speed readings produced by the laser speed detector should be received as evidence of the speed of motor vehicles without the need for expert testimony in individual prosecutions arising under the motor vehicle laws.
For the reasons expressed in the Opinion, speed readings produced by the LTI Marksman 20-20 Laser Speed Detection System manufactured by Laser Technology, Inc. (hereinafter "laser speed detector") shall be admitted into evidence in all municipal courts in Morris County and in Sussex County in the prosecution of any case arising under the motor vehicle laws.
Admissibility of such readings shall be subject to the rules set forth below:
1. Expert testimony in support of admissibility shall not be required, except as specifically set forth below.
2. Appropriate training of the law enforcement officer operating the laser speed detector shall be shown in each case.
3. Pre-operational checking procedures recommended by the manufacturer of the laser speed detector shall be shown to have been made in each case.
4. Speed measurements shall be admitted whether made in daylight or at night and within any temperature range likely to be found in New Jersey, even if made under conditions of light or moderately heavy rainfall, but speed measurements taken during heavy rain or while snow is falling shall not be admitted without the support of adequate expert testimony in the individual case.
5. Speed measurements made at any distance up to 1,000 feet shall be admitted, but measurements made at any distance in excess of 1,000 feet shall be admitted only with the support of adequate expert testimony in the individual case.
This case was affirmed State v. Abeskaron (In re Admissibility Hearing of the LTI Marksman 20-20 Laser Speed Detection Sys.), 326 N.J. Super. 110. November 24, 1999
Conclusion
It is well established that the prosecution of a defendant for a speeding or other motor vehicle violation is a quasi-criminal proceeding. Never attempt to represent yourself if you are facing points which may later result in a loss of drivers license.
Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with driving commercial vehicle while intoxicated, refusal and on driving while suspended with a CDL.
Laser speed detection has been approved as another method to issue speeding tickets. There are techniques to fight tickets or reduce points.
Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. MVC [Division of Motor Vehicles] or have your license suspended. Don't give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for motor vehicle violations.
