The Hawaii Supreme Court reversed a conviction for excessive speed because the government could not prove either that the laser device was tested pursuant to the manufacturer’s instructions or that the police officer had been certified according to the manufacturer’s procedures.

On appeal Abiye Assaye was represented by the State Public Defender’s office. Deputy Public Defender Ronette Kawakami said the decision has “far-reaching consequences” due to the large number of cases currently on appeal and it may affect future cases unless the police are able to properly train their officers and test their equipment.

At trial the Honolulu police officer testified that he used four tests to verify the working condition of the laser gun and that he had received a four hour in-house training. But the court found that since the government had been unable to show that the tests and the training were approved by the manufacturer there was insufficient proof that the laser gun was working properly or that the officer was properly trained to operate the device.