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Old 10-02-2008, 10:43 PM   #1
amorak
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Default LASER Speeding Ticket - Judicial Notice in Alberta

Hey guys,

I know I have another thread, but this is a seperate question.

It appears from my research that LIDAR (laser) has not yet recieved judicial notice, and as such, the following must happen:

I can challenge the use of laser speed measurement, as I don't understand how it works, and there is no judicial notice of LIDAR.


My question is: How do I raise this issue? Do I bring it up when I am cross-examining the police officer?
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Old 10-02-2008, 10:49 PM   #2
jar_e
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I'm pretty sure you won't be cross examining anyone when your fighting a ticket.
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Old 10-02-2008, 10:58 PM   #3
flylock shox
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You would simply argue that there is no evidence before the court that you were speeding: without expert evidence of how laser speed-reading works, the court can't put any weight on the reading the laser gives. If the court doesn't take judicial notice, and there's no evidence of how the technology works before the court, then there's no evidence it works at all or, if it does work, how well. This means there's no reliable evidence you were speeding.
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Old 10-02-2008, 10:58 PM   #4
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If you continue to fight a ticket in the court you get the oppurtunity to question the officer but generally if it gets to this point you will lose as if there is anything wrong with the evidence usually the cop doesn;t show up.

I am not sure if your defense would work or not but would be interested to find out.
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Old 10-02-2008, 11:38 PM   #5
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Ha. Ask the justice to take judicial notice of the fact there is no judicial notice recognising LIDAR. That would be funny.
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