In State v Green, the Appellate Division held that the the Stalker Lidar speed measurement device has not yet shown to be scientifically reliable. Consequently, the speed reading, or the clocked speed, captured by this device may not be used as proof of speed. Stalker Lidar is a lasar speed measurement device as opposed to a radar based technology. It is becoming increasingly popular amongst police departments, including some notable Essex and Hudson County departments that issue a large volume of speeding tickets. Port Authority Police are also know to frequently use Stalker Lidar.
Usually, speed measurement devices used to clock the speed of a driver will be accepted by the trial court as scientifically reliable, i.e. K-55 Radar. However, scientific reliability is only one aspect of admissibility. In addition, there must be proof that the machine was properly calibrated and sufficiently tested both prior to and and the conclusion of the officer’s tour. Moreover, the State must show that the operator of the device had sufficient training and operated the radar properly.
This door has opened for speeding ticket defense lawyers on this one. However, the overwhelming likelihood is that it will close quickly. If you have been issued a speeding ticket, you should at least consult with a speeding ticket lawyer to discuss not only the availability of this defense, but others as well.