In State v Green, The NJ Appellate Division of the Superior Court ruled that, although laser/radar speed measurement devices are generally accepted as being scientifically reliable, there was no proof that this particular laser speed measurement device (Stalker Lidar Laser) deserved that presumption of reliability.
The Court found that the there was no evidence as to the internal mechanisms of the Lidar device that would lead the court to conclude that the technology had been sufficiently tested. Therefore, the scientific reliability of the device was not evident.
The Court did not rule out that the machine is scientifically reliable. However, at this juncture, the Court was not presented with those proofs. This means that in the future the laser Stalkar Lidar will likely be tested to establish scientific reliability. In the mean time, speeding tickets issued by NJ police using this device will be highly contested by New Jersey traffic ticket lawyers.
As mentioned earlier, for the most part speed measurement devices have been accepted as being scientifically reliable. However, even in speeding ticket cases where the police employ one of these devices, i.e. radar, the admissibility of the speed reading is subject to proof that the device was properly calibrated, pre and post tour testing, and operated by a qualified officer.
This case presents a fantastic window for those issued speeding tickets in certain New Jersey jurisdictions, including Newark. It is likely that the window on this defense will not be open for ever. But if you have been issued a speeding ticket, it would be behoove you to look into representation. A speeding ticket attorney will make the proper discovery request to make the State reveal which type of speed measurement device was employed and whether the defendant has a defense based on this new NJ speeding ticket case-law.
