I require a case law(s) regarding Judicial Notice on the admissibility of
speed readings from laser speed detection devices, as it pertains to
the State of Oregon. I would like to find cases where the data was
found admissable and inadmissable. I would like either the case names,
stable (unbroken) links to the cases, or PDFs of the cases. |
Request for Question Clarification by
pafalafa-ga
on
15 Aug 2006 10:59 PDT
azmath-ga,
I'll be glad to look into this for you, but if you have the chance,
could you elaborate a bit on why you specified "judicial notice" as
part of your question.
As far as I know, judicial notice is a very particular sort of rule of
evidence, and may not have any bearing on admissibility of laser speed
detection devices in many cases.
Any additional information you can provide would be helpful, here.
Thanks,
pafalafa-ga
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Request for Question Clarification by
pafalafa-ga
on
15 Aug 2006 11:39 PDT
Also, if you could, please clarify whether your question is specific
ONLY to laser devices, or whether any 'speed gun' type of device is of
interest to you.
Thanks, again.
paf
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Clarification of Question by
azmath-ga
on
15 Aug 2006 17:39 PDT
This is the definition of "Judicial Notice" as I understand it:
Judicial Notice
The authority of a judge to accept as facts certain matters which are
of common knowledge from sources which guarantee accuracy or are a
matter of official record, without the need for evidence establishing
the fact. Examples of matters given judicial notice are public and
court records, tides, times of sunset and sunrise, government rainfall
and temperature records, known historic events or the fact that ice
melts in the sun.
I need to know if Judicial Notice has been given on the admissibility
of speed ratings from laser speed detection devices, especially in the
State of Oregon. As I understand it, not many jurisdictions
nationwide have given Judicial Notice to the admissibility of laser
data; hence speeding tickets issued from laser readings can be
challenged on those grounds.
As you can see from my response, it is very important the the answer
be relevant to laser speed detection devices.
Thank you.
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Request for Question Clarification by
pafalafa-ga
on
15 Aug 2006 17:53 PDT
azmath-ga,
I looked through a very large volume of Oregon case law that is
available online, but did find any examples of judicial notice
regarding laswer speed guns, or any related devices.
Of course, not finding any cases is not quite the same thing as being
able to say that such a case does not exist. However, I found sites
that state that most jurisdictions in the US have NOT given judicial
notice as far as laser guns are concerned.
Given the apparent absence of any such judicial notice in Oregon, how
do you suggest we proceed at this point?
Let me know your thoughts...
paf
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Request for Question Clarification by
pafalafa-ga
on
15 Aug 2006 18:11 PDT
<<awk!>> Make that: "...did NOT find any examples..."
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Clarification of Question by
azmath-ga
on
15 Aug 2006 19:40 PDT
Thank you for your efforts, but as you can tell from my last
clarification, this information was already known to me. As my
original question states, I am looking for case laws that pertain to
the admissability or inadmissability of laser evidence, not the
apparent absence of these cases. I need this information within two
days and its becoming clear to me that my money might be better spent
consulting an attorney. Thanks again.
Azmat
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