The New Jersey Appellate Division recently ruled in State v. Vanderkooy in an unpublished opinion affirmed the decision of the municipal court that the radar device, Stalker Dual S.L., is scientifically reliable.
The prosecutor in the municipal court trial flew in a Stalker an employee of the manufacture of the device, to testify that the machine adhered to the National Highway and Traffic Safety Administration accuracy standards. Would you expect otherwise from the employee of the company that sells the devices to police departments in New Jersey and 49 other states?
This case however, did not overturn State v. Green, 417 N.J. Super. 190 (App. Div. 2010), which is still good law, holding that the Stalker Lidar laser radar gun has not been proven as scientifically reliable. Unfortunately, in many municipal courts throughout the state, prosecutors and municipal court judges will not dismiss these cases, although required to do so under State v. Green, requiring instead for the defendant and his attorney to come to court repeatedly on multiple occasions until the client and attorney agree to accept a plea to a lesser charge.
In any event if you are charged with a speeding ticket or other traffic moving violation it might be beneficial to discuss your case with an experienced municipal court attorney to discuss your options, and possible defenses to those charges.
Law Office of Vincent J. Sanzone, Jr., Esq.
277 North Broad Street
PO Box 261
Elizabeth (Union County), New Jersey 07207
Office Phone: (908) 354-7007
Cell Phone: (201) 240-5716
New Jersey Criminal Defense Attorney, New Jersey Municipal Court Attorney.
September 29, 2012