Miata Mailing List: March 2000, Message #238

sponsored by

Sonja62786@aol.com wrote:
> 
> I wonder how they ever got away with making them illegal in some states. If I 
> remember correctly, although not every citizen has the right to broadcast a 
> signal without proper authorization or license, it is every citizen's right 
> to receive any signal whatsoever, the only restictions being that of improper 
> disclosure. Or that was the deal last time I took Uncle Charlies' little exam 
> to get my ticket years ago.

I'm no lawyer, but...

You remember correctly (as far as I remember).  The FCC regulations 
allow you to receive any signal.  The thing with laws however, is that 
the state can make a law, then someone has to challenge the law and 
prove it to be unconstitutional.  

The problem here in Virginia is, if you challenge a conviction for using a 
radar detector, they will find a technicality and dismiss the case.  The law 
is not proved invalid, and the state can keep on enforcing it, but you will
have spent thousands in lawyer fees to "beat the ticket".

Not too long ago, a retired police chief challenged the law.  He won his 
case in a lower court based on the judge's ruling that he couldn't take 
advantage of the "safety features" - the warning system for ambulances,
 fire trucks, construction sites, etc. - built in to some of the newer detectors 
(the fact that no one uses the transmitters to warn motorists doesn't matter). 
His case was dismissed.  He gets to keep his detector (at least in that 
court's jurisdiction), and the state gets to keep its law since the ruling 
doesn't affect the rest of the state.  For someone to use his precedence, 
they would still have to hire the lawyers, spend thousands of dollars, and 
it still wouldn't get the law changed.

Similar stuff happened (in New Jersey, probably most other states) with 
LIDAR.  When it was first used, an engineer challenged the ticket by the 
cops using laser.  The guy brought in experts and proved that LIDAR 
was not accurate, and the case was dismissed.  But the law was not 
invalidated - only for that case.  If the next guy doesn't PROVE that 
LIDAR in inaccrate, and gets convicted, then the accuracy of LIDAR 
becomes accepted by the courts, and no one else is allowed to 
challenge it's use - the courts automatically "accept" that it works; 
period; end of discussion.  In order to get the law overturned, a case 
would have to go all the way to the highest courts and be declared 
invalid.  I'm betting that the use of LIDAR is now accepted in most 
states, and its accuracy is "proven"...

By the way, the state pulled similar stuff about smog inspections.  Back 
when California was considering their new stiffer testing standards, 
Virginia decided they need stronger laws also.  The outrage back in 
California caused them to modify the standards and exempt cars that 
were older than 25 years.  Mean while, Virginia passed the original 
version of the California law, without letting the public know until 
too late.  Now there are no exceptions, and all cares made since 
'65 must meet the emission standards - in many cases standards 
that are tighter than when the car was originally made.  Now I have 
to get my Elan (less than 200 miles on it in the last 2 years), to pass
it's first smog test in over 20 years...

Tim Mullen

Chantilly, VA
94 Miata R Package
72 Lotus Elan Sprint