Do I have grounds for an appeal of my speeding ticket?

Question

I was found guilty of speeding and I'm thinking about appealing. My basis for appealing is that the following:

1. The judge admitted evidence from a LIDAR-LASER device.
2. LIDAR-LASER does not have judicial notice in my state (Wisconsin). Country-wide, LASER does not have judicial notice in 95% of any other state either. However, the judge said it DOES have judicial notice - but he's wrong. I objected to admitting laser evidence without the support of an expert witness on laser and he overruled me.

3. The judge admitted the laser evidence even though the cop testified that he did not test the device for accuracy against any moving objects. I objected as to foundation, but like all my other 20-30 objections in trial, he overruled me.

I think this is a strong basis to show that the judge doesn't know what the hell he's doing and I'd like to appeal. My concern is that appealing is expensive, and I can be forced to pay some costs if I loose (even more if frivolous)

The cost of doing an appeal will run me $500-1,000 if I do it myself. The ticket is for 6 points and a $265 fine. However, my insurance rates will go up drastically.

By the way, I'm a good safe driver. I do not believe I was driving unreasonably fast and I'm confident in my innocense, but that isn't enough. I'm wondering if I can do it based on the info above. Also, this could set a precedent for my state. Laser is bad and this judge was a crook.

Answer 1

Some times it's best to let a sleeping dog lie.

You'll find that the legal expense is at least $10,000.00 and it could take years. By the time it's resolved the offence will probably be off your driving record.

Nothing worse than a moral victory that cost you a pile of money.

Answer 2

All radar devices must be State Approved and above all else, a careful step by step procedure for calibration of the device. Even with all this, the one fact that you cannot control is the person running the unit.

All any radar device tells you is someone is speeding. If its a two lane road, its pretty easy to identify which vehicle is breaking the law. But add two lanes or more in each direction, and unless the vehicle breaking the law is darting in and out of traffic, it is very tough to pin point the violator.

All states have an appeals process. If your facts are correct and the device has not been approved for us in the state, then go for it. Most tickets are another form of taxation for municipalities to fatten their general fund. I would give people 10 MPH over the posted (except in school zone) and the 11th one was mine.

Answer 3

It'd be easier to adjust your driving habits by driving UNDER the speed limit by 5-10%. No more hassles with accuracy issues & you'll be saving fuel, the environment & quite possible LIVES by being able to stop quicker & avoid accidents easier.

Answer 4

That person above sounds like my dad...

Answer 5

ya go nuts.