R v Smith

R. v. Smith

Provincial Court Decision
Provincial Court of Ontario — Date not specified in manual

Background

This case involves a speeding ticket issued using a UltraLyte LR B laser speed detection device. The UltraLyte LR B is a handheld laser speed measurement device manufactured by Laser Technology Inc. that uses infrared laser signals to measure vehicle speeds. The device is designed to meet FDA eye safety requirements and is classified as eye-safe to Class 1 limits, meaning virtually no hazard is associated with directly viewing the laser output under normal conditions.

The manual reveals critical information about the device's operation and potential defenses. The UltraLyte LR B has a maximum measurement distance of about 3280 feet (1000 meters) and includes features like a built-in Weather Filter for adverse conditions, a sighting scope with red aiming dot, and various test modes to verify the instrument's accuracy.

Issues

1. Whether proper testing and calibration procedures were followed for the laser device
2. Whether the officer was properly trained in the device's operation and limitations
3. Whether environmental factors affected the accuracy of the speed measurement

The Laser Technology Evidence

The UltraLyte LR B manual provides extensive detail about required testing procedures that officers must follow. The device includes five different tests: Display Integrity Test, Scope Alignment Test, Reference Frequency Test, Fixed Distance Test, and Delta Distance Test. The manual specifically states that some of these tests are factory-defined options that may not be included on all units, and recommends that confidence checks be performed each time the instrument is used.

Critical to many defenses is the device's susceptibility to environmental interference. The manual warns about the "cosine effect" — when the target vehicle is moving at an angle to the instrument's position, the measured speed will be less than the vehicle's true speed. The manual provides detailed charts showing how this effect varies based on distance and angle, and notes that "the larger the angle, the lower the measured speed." The device also includes a Weather Filter specifically because "moisture is reflective" and weather conditions can affect laser signals.

Key Takeaway

Laser speed detection devices require specific testing procedures and are subject to environmental limitations that can affect their accuracy.

Self-represented defendants should request disclosure of all testing records, operator training certificates, and environmental conditions at the time of measurement. The technical manual reveals numerous potential points of challenge regarding proper operation and accuracy of laser speed detection evidence.