History

In 1960, Theodore H. Maiman announced the build of a red coherent light pushed from a ruby crystal, which was the first laser. Nearly 30 years later in 1989, the first law enforcement speed measurement laser device was patented. 

Lidar & Laser

Lidar is an acronym. It stands for “light detection and ranging.” Laser is also an acronym, standing for “light amplification by Stimulated Emission of Radiation. Lidar devices are designed to measure speed through energy produced through a laser device. The term lidar is used when describing a device used for down the road speed measurement, currently only designed for stationary use. 

The Science

The technology behind the laser is fairly complicated. When put in its most simple form, laser energy is created by energizing a lassing medium, a piece of active material, which has been placed in a sandwich between mirrors. 

The atoms of the medium are placed into an excited state from an outside energy source. They store some of this energy, which allows them to release some of their already stored energy. This releases as light energy, resulting in amplification of incoming light. 

The two mirrors are placed at an exact distance apart from one another. This creates a standing wave bouncing back and forth from one mirror to the other. This allows the light waves to become lined up with one another. One of the mirrors is designed to allow some of this light to escape, and pass through as a laser beam. 

Lasers can be produced from several different active materials. Some examples of different types of lasers include the semiconductor, gas, chemical, excimer, and free electron. There are also many different types of optical resonator devices. Some of the typical ones include:

• Semi-Conductor Lasers – unlimited uses in high technology applications such as fiber optics and laser devices
• Gas Lasers – popular applications include the entertainment industry, light shows and movies.
• Chemical Lasers – used for internal confinement and military applications
• Excimer Laser – used in the medical field for surgical procedures
• Free Electron Laser – develop powerful light sources for defense, industry and research

How Does it Work?

The lidar employs a “time of flight” method to measure the speed of the desired vehicle. It does this by shooting out a short burst of lasers at the vehicle, all measuring the range of the vehicle from the lidar. The device then adds these measurements together, seeing how fast the vehicle was either getting closer or moving further away, calculating speed. Think of this as a basic math problem in high school: speed = distance/time. If the driver is moving away from the operator it presents the speed value as a negative, and if the driver is moving towards the operator it is presented as a positive value. 

The lidar carries three distinguishable characteristics similar to those of other forms of electromagnetic energy. These are:

• Signal speed – Lidar lasers travel at the speed of light, which is generally accepted to be 186,282 miles per second. 
• Wavelength – “The distance between two points in a periodic wave that have the same phase.” The wavelength of a lidar is about 904-905 nanometers.
• Frequency – A measurement of cycles per second. The frequency of lidar is about 330 terahertz.

Lidar also carries the same behaviors as other forms of electromagnetic energy, meaning that it can be reflected, refracted, or absorbed. 

It is important to understand how lidar works, and understand your rights that go along with it. Do not allow a false allegation to harm your driving record, cost you money, or even place you in prison. Speeding violations are all viable to be taken to court in Vermont at the discretion of the alleged violator, who stands to gain from having the punishment reduced or revoked and challenging the accuracy of the Lidar is one such strategy to attack the validity of the State’s case.

If My Boss or Supervisor Asks Me Questions at Work, Do I Have to Answer Them? What If I Am a Public or Government Employee?

As a general condition of employment for all jobs, employees are required to fully and honestly answer any work related questions that their supervisor might ask them.  This is a fundamental part of the employee-employer relationship.  If you don’t answer your boss’s questions, or if you lie, you will most likely be disciplined or maybe even fired.

The fifth amendment to the US Constitution guarantees every American’s right not to be compelled by the government to make statements that might incriminate them in a criminal case.  This requirement applies to local, county, state, and federal governments.   When a person makes the brave and honorable decision to enter public service, be it as a police officer, fire fighter, public school teacher, or any other government job, they do not give up that right.

For public employees, the government is their employer.  That makes the relationship between the employee and the employer a bit more complex when it comes to being forced to answer questions at work.  Employees are still usually required to fully and honestly answer questions posed by their supervisor, and if they refuse to, they could get fired.  But because their employer is the government, the fifth amendment applies, and if an employee is forced to answer questions under the threat of being fired, the statements that employee makes can not be used against them in a criminal case.  

These protections are called Garrity rights, because they are derived from a US Supreme Court case called Garrity v NJ.  In that case, the Supreme Court said it is not fair for an employer, or the government, to force an employee to choose between job loss and criminal self-incrimination.  

But the Garrity rights only apply if a government employee is required to answer questions.  They do not apply if the employee has a choice whether or not to answer.  Here are a few examples:

1. George is a public school teacher.  The principal, Mrs. Smith, suspects that George has been stealing school supplies and decides to ask him about it.  

George tells Mrs. Smith that he does not want to answer her questions and she says, “If you don’t answer my questions about this, you’ll get in big trouble, maybe even be fired.”  George then admits to Mrs. Smith that he stole school supplies.  Mrs. Smith asks where the school supplies are, and George says that they are in the trunk of his car in the parking lot.

Mrs. Smith calls the police, and tells them what George said.  The police get a

search warrant and look in George’s car trunk.  They find the stolen school supplies and arrest George for stealing.

1. Because George was “compelled” to answer Mrs. Smith’s questions, his answers can not be used against him by the police.  Mrs. Smith is an agent of the government, and she “forced” George to answer the questions by telling him he could be fired.  His answers were coerced.  It does not matter that Mrs. Smith is not a police officer – she is an agent of the government.
2. The police used the information George told Mrs. Smith about the school supplies in his trunk when they applied for their search warrant.  Most likely, that evidence can not be used in court against George either, because the information was only obtained under duress – the threat of being fired.
3. It is important to understand that Garrity rights do not protect public employees from being disciplined or fired.  The rights only protect information from being used in a criminal case.  In the above situation, George would most likely be fired for stealing from the school, and that would be perfectly legal.

Here is another example:

2. Jane is a firefighter for the city.  She was very angry one day when she left work, so she picked up a wrench and smashed the taillight of one of the fire engines.  The next day her supervisor came up to her and said “Jane, did you see what happened to the taillight of Engine 3 last night?  Someone said they think you smashed it.  Did you?”

Jane then admits that she smashed the taillight, and shows her supervisor what 

wrench she used to do it.  The supervisor calls the police and tells them what Jane said.  Jane was arrested for damaging the fire engine.

1. Because Jane was not explicitly told that she could face serious discipline if she did not answer her supervisor’s questions, she was not compelled or “forced” to answer the questions and was not under duress.  The things she said to her boss can be shared with the police, and most likely used in criminal court against her.

The difference between the two situations above relies primarily on whether or not a “reasonable” person would feel compelled to answer the questions.  If an employee faces little or no penalty, or if they are not sure, then the answers will probably be considered voluntary and could be used in a criminal case.

Can I “Self-Invoke” My Garrity Rights?

Sort of.  There is no formal way to invoke Garrity rights.  However, a government employee who is facing questions about potential misconduct could ask their supervisor clarifying questions, such as whether or not they have to answer the questions their boss is asking.  Here are another few examples:

1. A sergeant asks a police officer if he stole something from a suspect he had arrested.  The officer asks, “Do I have to answer that question?”
   1. If the sergeant says “no, you don’t have to” or something like “I’d like you to, but I guess you don’t have to,” then Garrity most likely will not apply.  If the officer answers, those answers could be used in a criminal case.
   2. If the sergeant says “yes, you have to, or you could get fired” then Garrity applies, and the answers could not be used in a criminal case.

Sometimes employers or supervisors will be unclear when an employee attempts to clarify whether or not an employee must answer a question.  Some bosses do this because they are not familiar with these laws and rules.  Others may do it on purpose in an attempt to get employees to answer questions without triggering Garrity protections.  They may answer in an equivocal way that makes the situation unclear.  Examples are:

1. “I would really like you to answer.  It would be best for everyone.”
2. “I guess you don’t have to answer, but there could be problems if you don’t.”
3. “You really should answer.  It’s part of your job.”

Employees who are in situations like this should do their best to clarify the situation by asking additional questions.  An employee could ask, “What will happen to me and my employment here if I refuse to answer.  Will I get into any trouble?”

What if I Got Suspended or Sent Home While an Investigation Is Happening?

Because the rules established in the Garrity case and others that came after it prevent compelled statements from being used in a criminal case, most government employers have policies about what they will do and how they will handle allegations of employee misconduct that might also be a crime.  In most cases, the criminal investigation will happen first so that Garrity rights do not become a problem for the employer or the police.

For example, if there is an allegation that a public crossing guard is selling drugs to his coworkers, the employer would be wise to put the employee on leave, and report the incident to police.  The police would then conduct an investigation that has nothing to do with the employer, during which all of the person’s constitutional protections apply (including whether to answer questions from the police).  The police will either develop sufficient evidence to charge the employee with a crime, or they won’t.  

After the criminal investigation is complete, the employer would probably begin their own internal investigation of the crossing guard.  The employer may do that themselves, or hire someone else to do it.  When that investigation happens, the employee will have to cooperate and answer questions that their employer asks them.  

Keep in mind that Garrity only protects government employees from having things they say used in criminal court.  Garrity rights have nothing to do with whether or not you get into trouble at work.

A Look Into Violations That Can Cause Loss of Your CDL (Commercial Driver’s License)

Many actions taken by those who have their CDL, or trucking license, whether it be behind the wheel of a commercial motor vehicle (CMV) or personal vehicle, can result in the suspension or loss of licensure. This can lead to loss of income due to a temporary inability to work, or even a need to find a new career.

Alcohol, Felonies, Abandoning an Accident

In contrast to the typical blood alcohol limit of .08%, it is illegal to operate a CMV at .04% or more. Operating a CMV implies consent to be tested for alcohol in the system. You will lose your CDL for at least one year for driving a CMV under the influence of alcohol, refusing blood alcohol testing, driving under the influence of a controlled substance, leaving the scene of an accident, committing a felony involving the vehicle, or causing a fatality due to negligent operation. This is upped to at least three years if the CMV being driven is denoted as having hazardous materials. You will lose your license for life on a second offense, or using your CMV to commit a felony involving controlled substances.

Serious Traffic Violations

Serious traffic violations include speeding (15 or more over the posted limit), reckless driving, reckless lane changes, following vehicles too closely, traffic offenses while driving a CMV that are related to a fatality, as well as driving without CDL or operating a CMV without the correct CDL class. Committing any of these violations twice, in a three year span, will result in you losing your CDL for 60 days, and 120 days for committing three violations in that 120 day span.

Violation of Out of Service Order

If a driver is placed on an out of service order, they must not operate a CMV during the time under which they are ordered out of service. One of the reasons a driver could be placed out of service is for having alcohol in their system, but below .04%. Violations of this order come with a 90 day CDL suspension for the operator’s first violation, a year suspension for two violations in a ten year span, and three year suspension for three or more violations in a ten year span.

Railroad-Highway Grade Crossing Violations

Railroad-Highway violations occur when the operator does not comply with federal, state, or local regulations pertaining to one of six offenses at a railroad-highway grade crossing. These include: failing to stop at unclear tracks for drivers not required to stop, failing to slow down to check that tracks are clear for those who do not have to stop, failing to stop for those required, driving through tracks without having enough space to make it through without stopping, failing to obey traffic control devices at the crossing, and failing to negotiate a crossing because of a lack of undercarriage clearance. The first violation of these rules results in a 60 day license suspension, 120 days for a second offense in three years, and a year for three or more violations in a three year span.

Traffic Violations in Your Personal Vehicle

CDL holders may also lose their license for violations of the law with their personal vehicle. If your ability to operate your personal vehicle is revoked, canceled or suspended for any reason other than parking violations, you also lose CDL privileges. If the loss of license is due to alcohol, controlled substance, or felony violations, you will lose your CDL for a year from the first offense, and life for the second.

Know Your Rights

As a commercial driver’s license holder, it is important to know your rights, when it comes to CDL traffic violations and those violations involving your personal motor vehicle. Do not let an allegation become a permanent blemish on your ability to provide for yourself and your family. You have a right to an evidentiary hearing on all allegations and should pursue any remedy possible to either eliminate or mitigate your risk for long term effects.

Do you need a trust to protect your assets from probate and taxes? You may be surprised to hear that the answer is probably not. Unless you have an expensive portfolio of funds that you wish to control during your lifetime, you probably do not need to undergo the expense of creating a trust. Trusts can result in a hefty set of legal fees and a confusing journey for you or your Trustee. 

BENEFITS OF A TRUST: 

1. To Avoid Probate and Taxes.

If you are trying to keep your funds from being taxed upon your death, and hoping to prevent them from being probated through Court, you may then want to create a trust. However, there are multiple alternatives such an Enhanced Life Estate Deed, which allows for you to control the property during your lifetime, and directs that property transfers to your Grantee of choice automatically upon your death (more on that below).

2. To Control Disbursement of Assets Over Time.

Another reason to create a trust is to control the disbursement of funds over time (either before, or after, your death).  This is particularly beneficial for those creating the trust (called “Settlors”) to be able to control whether their beneficiary can access (and therefore) spend their entire disbursement all at once. 

3. To Protect Assets Intended for Beneficiaries From Creditors During the Trust Lifetime. 

If a beneficiary is expecting assets from a trust, creditors cannot touch the money until it is in their hands. However, child support is one exception to this. Child support that is due can attach to potential disbursements of trust monies. 

REASONS YOU MAY NOT NEED A TRUST:

“Transfer upon death” designation for beneficiaries:

Any stock portfolio or retirement fund is likely to have the option to create a “transfer upon death” beneficiary, which would allow the funds to transfer automatically upon death, thus avoiding the probate process entirely.

Enhanced Life Estate Deed

An Enhanced Life Estate Deed allows you to release ownership (or “quitclaim”) of any of your real estate property to specific person(s) of your choosing (“grantee”), with the intent that the property ownership transfers fully and immediately upon your death. A benefit of this type deed is that, during your lifetime, you still retain complete control to mortgage or sell the property. Still alive but now you decide you want to sell the family home you quitclaimed to your children through an Enhanced Life Estate Deed? You still has sole discretion to do that.

Last Will and Testament

Although the Last Will and Testament does not avoid probate entirely, it does make the probate process much easier for your family. You have the opportunity to spell out every last detail of your wishes and, if necessary, can create a “Testamentary Trust” within the document which is a simple way to create a trust for your needs without spending too much extra money and without adding additional confusion for your loved ones. A will can be as simple, or as complex, as you like and even leave generic assets such as all real property “either owned now or after acquired” so whatever you might buy after you make the will would be covered. 

Trusts can be a very complex (and even hundreds of pages long) and confusing thing for family members to navigate after your death. It is helpful to reach out to your attorney to discuss whether you need one or not. However, be sure you are not enticed by the complexity of a process if it can be executed through a much simpler, cheaper, route that is more manageable for your executors.