Quote:
Originally Posted by InDShadow
Or you can prove the means and equipment they used is not within the states certification standards then you can get the ticket dismissed. This is why I want to know if GPS is a state approved speed certification. You know the states take a long time before they approve a new way. The officers will make statements sounding official hoping you will just pay the ticket. Insurance will go up on an 18 y/o if they get a ticket. This in turn affects my pocket since I have to pay the premium for him. BTW, have a 16 y/o about to get insured too. YIKES!!
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It all depends on what has been accepted in court. When a new procedure is introduced (such as using GPS to determine speed), the first legal test is when it is contested in court. The state will bring experts in to testify that it does indeed meet certain criteria and if the judge/jury accepts it, then it sets a precedent for future cases.
Unless you have deep pockets (or can find a good attorney willing to do it pro bono) you don't want to be in this situation. The state prosecutors are likely to have been waiting for someone to challenge the new procedure and will present lots of evidence to prove that it is acceptable.
As an example, VA currently does not permit the HGN test (officer watches your eyes as you watch him move a pen/light) as evidence for DUI. It is used by officers, but there has never been a precedent set for its use so the officer has to conduct other FSBs to charge someone with DUI. Prosecutors are prepared for someone to challenge a DUI where HGN is the sole FSB used.