Legal Question in Traffic Law in Florida

Got a lidar ticket. The cop shot two of us at the same time - side by side. The other car was passing at a high rate of speed. The cop obviously swept the lidar because he ticketed both of us for doing 50 in a 35 - the exact same speed. GPS said I wasn't speeding. I wanted to have time to do research on lidar and possibly discovery and needed more time, so I filed for a continuance, which was granted, but they put the date right at the start of a vacation out of the country. So I filed for a second continuance, specifying the date of return (which was over 30 days from now). The traffic magistrate approved it as well, but set it in the middle of the vacation when it is known that we will be out of the country. The magistrate also denied the motion for discovery. The magistrate even denied the pre-trial hearing and set it directly for trial. Since I can't attend, I'm screwed.

FWIW, Sweeping lidar is how cops cheat. Lidar measures distance - not speed. It works by measuring the distance to your car, and measures it again in 1/4 second. It then does the math and displays a speed. So if the cop doesn't keep the gun pointed at the same exact object, the reading will be flawed. I think that is what the cop did in this case - either accidentally or on purpose.

So what are the options at this time? I understand that I can request that the case be heard by a real judge, but I've heard that they are even meaner than the magistrates? Possibly change plea to no contest since a fair trial isn't possible? Any suggestions would be appreciated.


Asked on 7/22/16, 12:27 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

First of all you totally misunderstand lidar. You need to sit down with an attorney and have them explain this to you. Magistrates and judges are totally different in every County. So there is no good or bad it just depends on the location. So my suggestion is to get an attorney who can also cover for you while you're gone.

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Answered on 7/23/16, 5:36 am


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