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Hawaii Supreme Court disputes laser gun test in speeding case

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Old Oct 1, 2009 | 09:59 AM
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Default Hawaii Supreme Court disputes laser gun test in speeding case

Just FYI to you guys.


http://www.honoluluadvertiser.com/ap...WS01/910010353
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Old Oct 1, 2009 | 12:46 PM
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wow, great find. So what do we tell popo's now when they pull us over for speeding? "Your gun is whack, prove it b!tcH." HAHA
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Old Oct 1, 2009 | 01:24 PM
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Sounds to me like those playing the prosecuters were a bit unprepared in this case. Surely they should have known not to bring a knife to a gunfight. When dealing with civil issues, there will always be underlying circumstances that favor the wrongdoing of the accused... Facts and solid evidence is obviously key. I wouldn't trust the word of any of these 5-0 pigs rolling around here, considering I nearly got t-boned the day before yesterday by an suv that just happened to have blue lights on top (not on) who ran a stop light who had to be going well over 20+ over the speed limit. The law enforcement around here is a joke. This however, does not justify or make the the guy who was going 90 mph in a 55 zone right... If in fact that was the case. Interesting read.
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Old Oct 1, 2009 | 02:30 PM
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I'm in Hilo, so I didn't get a chance to read the Honolulu Advertiser till later, but it's on the front page.

The fact that this is larger news, it probably means HPD statewide will be getting their act together ASAP. This would most likely go for both laser and radar guns.
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Old Oct 1, 2009 | 03:53 PM
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Speaking as an attorney, this is not some shocking news. In my previously life in Ohio, we handled criminal defense matters. The first thing you did with a DUI (or DWI depending on where you're from) was force the police department to prove the breathalizer was properly tested and certified (same with the officer). This is no different than that. It is simply a safegaurd from the police skirting their responsibility and using a faulty testing device and expecting a "criminal" to pay the price. If a gun is off by 8 mph or even 1 mph, that could be the difference between a big fine and much worse. If they do their job and follow the rules (as good, law abiding citizens are expected to do), then there will never be an issue. I don't want ambiguous statements, like, "we were following HPD procedures." What procedures? That's what the court said. Show me how it's tested. They couldn't. Sometimes bad guys go free, but that is the price you pay to gaurd against the gaurdians.

What this means is that the HPD will start following the manufacturer's testing procedures 99.9% of the time because they won't want to have their revenue disappearing. Same thing that happenned with breathalizer testing. The chances that the machine or officer weren't certified were extremely low. However, it is nice to know that they are following the rules too.

Cliff notes: The court told HPD to do their jobs. haha
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Old Oct 2, 2009 | 02:13 PM
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Originally Posted by the7thsin
Speaking as an attorney, this is not some shocking news. In my previously life in Ohio, we handled criminal defense matters. The first thing you did with a DUI (or DWI depending on where you're from) was force the police department to prove the breathalizer was properly tested and certified (same with the officer). This is no different than that. It is simply a safegaurd from the police skirting their responsibility and using a faulty testing device and expecting a "criminal" to pay the price. If a gun is off by 8 mph or even 1 mph, that could be the difference between a big fine and much worse. If they do their job and follow the rules (as good, law abiding citizens are expected to do), then there will never be an issue. I don't want ambiguous statements, like, "we were following HPD procedures." What procedures? That's what the court said. Show me how it's tested. They couldn't. Sometimes bad guys go free, but that is the price you pay to gaurd against the gaurdians.

What this means is that the HPD will start following the manufacturer's testing procedures 99.9% of the time because they won't want to have their revenue disappearing. Same thing that happenned with breathalizer testing. The chances that the machine or officer weren't certified were extremely low. However, it is nice to know that they are following the rules too.

Cliff notes: The court told HPD to do their jobs. haha
. oh and was your car a Kamus? if so, Sweet (amuse Z plate nice) hum...
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Old Oct 2, 2009 | 05:07 PM
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Yep. That was my car at Kamu's. I figured that was your car there. Is he's doing your Voltex kit? If so, how's it coming along? I only saw bits of the car in progress pictures of mine. Yeah, my plate is self-explanatory.
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Old Oct 2, 2009 | 05:13 PM
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Originally Posted by the7thsin
Yep. That was my car at Kamu's. I figured that was your car there. Is he's doing your Voltex kit? If so, how's it coming along? I only saw bits of the car in progress pictures of mine. Yeah, my plate is self-explanatory.
No, not my Z, my car is at Tech one, Thats carlos's car. Mine should be complete next week. I like the plate....it simple, original not anything extraordinary, just self explanatory...it is what it is.

Last edited by SILKZ03; Oct 2, 2009 at 05:25 PM.
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Old Oct 2, 2009 | 06:26 PM
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Ahhh I see. haha Hard to tell from the tiny piece of the car I could see! I'm going to try to make it to some meets... I hope. [Sorry for the off-topic posts.]
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