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unpublished opinion affirmed the decision of the municipal court that the radar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
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