State by State LJ Penalties...

Discussion in 'General Laser Jammer Discussion' started by hammerdown, Jan 28, 2018.

  1. sdrawkcab

    sdrawkcab sdrawkcaB|Backwards Advanced User Premium Member

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    Utah
    This information was last confirmed and or updated June, 2018.

    Law
    Utah Code 41-6a-609
    Title 41 Motor Vehicles
    Chapter 6a Traffic Code
    Part 6 Speed Restrictions
    Section 609 Radar jamming devices and jamming radar prohibited -- Defense -- Exceptions -- Penalties.
    Effective 5/10/2016


    • (1) As used in this section, "radar jamming device" means any instrument or mechanism designed or intended to interfere with the radar or any laser that is used by law enforcement personnel to measure the speed of a motor vehicle on a highway.
    • (2)
      • (a) A person may not operate a motor vehicle on a highway with a radar jamming device in the motor vehicle.
      • (b) A person may not knowingly use a radar jamming device to interfere with the radar signals or lasers used by law enforcement personnel to measure the speed of a motor vehicle on a highway.
    • (3) It is an affirmative defense to a charge under Subsection (2)(a) that the radar jamming device was in an inoperative condition or could not be readily used at the time of the arrest or citation.
    • (4) This section does not apply to law enforcement personnel acting in their official capacity.
    • (5) A person who violates this section is guilty of an infraction.

    Penalty

    In Utah an infraction caries a default maximum of $750 fine + surcharge. 41-6a-609 is listed as having a recommended bail fee of $100 with a surcharge rate of 35%, however it is marked as a non-moving violation meaning no surcharge rate applies. A mandatory court appearance is not required. Summary: Most likely $100 but could potentially go up to a maximum of $750.

    Thoughts:

    Just my thoughts (which are not legal advice and should not be taken as legal advice): According to subsection (3), If your device(s) were not operational at the time, it is an affirmative defense. See subsection (3) above. As this is a criminal code and associated violation, if you were to challenge in court a charge of violating Utah Code 41-6a-609, the state would have the burden of proving that your device was operational at the time, and must prove it without any doubt.
     
    Last edited: Jun 18, 2018
  2. Rossm812

    Rossm812 Learning to Drive General User

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    Was reading through some other unrelated code today and it appears laser jamming devices may be illegal based on code in Iowa.

    Anyone have any interpretations? Screenshot_20180904-125521_Write%20on%20PDF.jpeg

    Sent from my SM-N950U using Tapatalk
     
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  3. sdrawkcab

    sdrawkcab sdrawkcaB|Backwards Advanced User Premium Member

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    Agreed. I found and read that code. Penalty appears to be confiscation. Also there is no exceptions to wether the device is operable or not, installed or not. Meaning brand new in the box, sitting in your back seat uninstalled, there is no exception for that based on the law seen there. They could still confiscate it. Not very friendly.


    Written from my mobile device.
     
  4. erickonphoenix

    erickonphoenix LLE, Left Lane Enforcer Advanced User Premium Member

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    According to that 809A chapter they need to give you written notice of confiscation that includes date, reason for confiscation and an inventory of the confiscated items.
     
  5. Bossdad71

    Bossdad71 Premium Member Advanced User MFG/Vendor Premium Member

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    Awesome info thx
     
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  6. sdrawkcab

    sdrawkcab sdrawkcaB|Backwards Advanced User Premium Member

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    So essentially a receipt. Wonder if there is any chance of getting it back. Suppose that is the point of the receipt, using it when going to court for the citation and pleading for it to be returned — maybe if it was in a box in the back of your car you possibly have a chance at mercy from the judge. I wouldn’t expect anything that was installed at the time of to ever be returned.


    Written from my mobile device.
     
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  7. erickonphoenix

    erickonphoenix LLE, Left Lane Enforcer Advanced User Premium Member

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    Well... by the letter of the law it sounds like they can just keep it. Not sure what they would do with it? Evidence? We Texans get kind of spoiled with strong property rights.. not sure what Utah's vibe is.
     
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  8. hammerdown

    hammerdown No half measures.... Advanced User

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    yeah... sounds like Iowa doesnt play. Pretty steep. NOW, that being said... does leo there KNOW that he can seize it? Not all cops know all laws. Many think they do, most dont, and I have had some confess to me that certain areas like civil law, hunting, boating, or even size and weight traffic codes that only certain leos (troopers) enforce are not something that they deal with hence dont know much if anything about.

    if the leo doesnt know about jammers, doesnt deal with them but you **** up and JTG him or something causing a stop, he may not know that he can seize them. rough waters for sure though.

    now if you have any Eye-hara types (im listening @erickonphoenix , I think youre right) in Iowa, id try to keep your LJs ultra low profile, JTK as fast as you can.
     
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  9. yandreev3

    yandreev3 Has a subscription with CHP Intermediate User Premium Member

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    It is goverened under the Vehicle Equipment Subdivision. Meaning if you are caught with them, it is a fix-it ticket infraction ($25 to fix and then you need a sign-off)
    However, under subdivison d of this vehicle code, if you have 4+ "devices" then it is a misdemeaner (jail time 1 day-1 year) . Not sure if devices refer to whole ALP system or if devices refer to the heads.

    This is just my understanding. I am not a lawyer nor am I saying this is the actual law. VEH2810 below. Interpret it for yourself :)

    VEH § 28150

    (a) No vehicle shall be equipped with any device that is designed for, or is capable of, jamming, scrambling, neutralizing, disabling, or otherwise interfering with radar, laser, or any other electronic device used by a law enforcement agency to measure the speed of moving objects.

    (b) No person shall use, buy, possess, manufacture, sell, or otherwise distribute any device that is designed for jamming, scrambling, neutralizing, disabling, or otherwise interfering with radar, laser, or any other electronic device used by a law enforcement agency to measure the speed of moving objects.

    (c) Except as provided in subdivision (d), a violation of subdivision (a) or (b) is an infraction.

    (d) When a person possesses four or more devices in violation of subdivision (b), the person is guilty of a misdemeanor.

    (e) Notwithstanding any other provision of law, a person who has a valid federal license for operating the devices described in this section may transport one or more of those devices if the license is carried in the vehicle transporting the device at all times when the device is being transported.


     
  10. imaitguy

    imaitguy Premium Member Beginner User Premium Member

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    Illinois - Can be confiscated at time of violation. Petty offense. Min $50 fine first offense. Min $100 for second or sebsequent.
    - A Weird Note: Read Paragraph B below

    (625 ILCS 5/12-613)
    Sec. 12-613. Possession and use of radar or laser jamming devices prohibited.
    (a) Except as provided in subsection (b), a person may not operate or be in actual physical control of a motor vehicle while the motor vehicle is equipped with any instrument designed to interfere with microwaves or lasers at frequencies used by police radar for the purpose of monitoring vehicular speed.
    (b) A person operating a motor vehicle who possesses within the vehicle a radar or laser jamming device that is contained in a locked opaque box or similar container, or that is not in the passenger compartment of the vehicle, and that is not in operation, is not in violation of this Section.
    (c) Any person found guilty of violating this Section is guilty of a petty offense. A minimum fine of $50 shall be imposed for a first offense and a minimum fine of $100 for a second or subsequent offense.
    (d) The radar or laser jamming device or mechanism shall be seized by the law enforcement officer at the time of the violation. This Section does not authorize the permanent forfeiture to the State of any radar or laser jamming device or mechanism. The device or mechanism shall be taken and held for the period when needed as evidence. When no longer needed for evidence, the defendant may petition the court for the return of the device or mechanism. The defendant, however, must prove to the court by a preponderance of the evidence that the device or mechanism will be used only for a legitimate and lawful purpose.
    (e) A law enforcement officer may not stop or search any motor vehicle or the driver of any motor vehicle solely on the basis of a violation or suspected violation of this Section.
    (Source: P.A. 94-594, eff. 1-1-06; 95-331, eff. 8-21-07.)
    --- Double Post Merged, Oct 27, 2018, Original Post Date: Oct 27, 2018 ---
    Indiana - Free and Clear
     

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