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Originally Posted by DevilDawg How is admissibility of information procured through the use of speed measuring devices any different with DPS than with normal municipal cops and/or county cops? |
No difference. It's just that DPS is more observant of legalities than most municipalities, who know that most drivers aren't savvy enough to challenge the speeding ticket on evidential admissibility grounds. They're not going to shelve the cash cow unless they are ordered to. And nobody is pushing for an injunction to do so, but you can bet that LIDAR is currently undergoing judicial review, and it will soon be approved.
On the other hand, there is a bit of a revolution going on in Texas, with several state lawmakers pushing to outlaw red light cameras. This has passed already. It is possible that this could start some anti-enforcement momentum that would derail the LIDAR review process and have it outlawed statewide. I don't expect that to happen, but I'd sure like to see it!