Lidar test before & after means?

jsherk
High Authority
High Authority
Posts: 1722
Joined: Thu Jul 26, 2012 1:18 pm

Re: Lidar test before & after means?

by: jsherk on
Fri Mar 04, 2016 9:34 am

It does not cost bags of money to appeal... you need to pay for the transcripts and take another day off work.

But if the manual says they have to do it both before and after, then you should definitely present this to the JP. And if the JP does not accept it, it should be fairly easy to win at an appeal in front of a Judge.
+++ This is not legal advice, only my opinion +++


iFly55
Sr. Member
Sr. Member
Posts: 561
Joined: Mon Nov 29, 2010 7:08 pm

Posting Awards

by: iFly55 on
Sat Mar 05, 2016 2:41 am

I agree with jsherk, if the lidar manual says to test before and after then that should be presented to the JP. If the JP does not accept that, on appeal that would be a win.

The problem is that lidar manuals in north america do not say to test before and after. They only indicate a "before" test.


jsherk
High Authority
High Authority
Posts: 1722
Joined: Thu Jul 26, 2012 1:18 pm

by: jsherk on
Sat Mar 05, 2016 9:10 am

I have never had to deal with LIDAR myself and have therefore not read any manuals. The courts have ruled that a proper test for RADAR is to follow the manufacturers recommended instructions. It should therefore be easy to argue the same applies to LIDAR. Now if indeed the lidar manuals only recommend the before test, then it is going to be very hard to convince a JP it should also be after. A few JP's may agree but probably most will not. This is where an appeal would become more costly because you would need a very good lawyer to argue the case in front of a Judge and then you may or may not win.

When I said appeal does not have to be costly above, I was assuming that LIDAR manual had the same test requirements as RADAR of before and after. So if indeed LIDAR manuals only recommend the before test, then it will be significantly harder and costlier to win.

I am not saying I agree with courts decisions to simply defer to whatever the manufacturers say, but I understand that until the currently rulings are challenged, it is an uphill battle.
+++ This is not legal advice, only my opinion +++




Post Reply
  • Similar Topics

Return to “Exceeding the speed limit by 30 to 49 km/h”

Who is online

Users browsing this forum: No registered users and 3 guests