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Texas Radar Calibration Law

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harvinder

Junior Member
Texas.
I got a ticket of 84 on a 60. Asking the county for the radar calibaration records county replied that they dont exist. I called the vendor and the vendor told me that the radar was bought in 98 but there are no records of the calibration and the radar has not been calibrated in a long time. Officer did the radar training back in 2000. Also speeding ticket information of the time around it provided to me by the county was as follows. Speeding ticket more than 15 mph or speeding. Accurate number of the records was not given. My Questions.
What is the state law for Texas about timing for calibration of radar.
What arguments can I use to get the ticket dismissed.
My case will be held by DA before it goes to trial. Can I take it straight to trial.
 


lwpat

Senior Member
Texas allows for a trial by judge or jury, your choice. Usually the DA will have a pretrial hearing where they will offer you a deferment or traffic school. Normally a radar unit is returned to the manufacturer for calibration once a year. If it has not been checked since 98 you might have a good argument.

You can subponea the records for the particular unit. It will be up to the judge/jury to decide if the unit was operating properly based on the testimony.
 

harvinder

Junior Member
Is there any law which says that the Radar has to be callibrated every once in a year in the state of tx.
 

JETX

Senior Member
harvinder said:
I got a ticket of 84 on a 60.
So, pretty much no matter how you 'spin' it, you are guilty of speeding. The only issue is.... how fast. Correct??

What is the state law for Texas about timing for calibration of radar.
There isn't one.

What arguments can I use to get the ticket dismissed.
Is 'poor driver' available?? :D

Your only real defense would be if you can PROVE that the citing officer wasn't qualified. Per the Texas Transportation Code:
§ 644.101. CERTIFICATION OF CERTAIN PEACE OFFICERS.
(d) A sheriff, a deputy sheriff, or any peace officer that does not attend continuing education courses on the enforcement of traffic and highway laws and on the use of radar equipment as prescribed by Subchapter F, Chapter 1701, Occupations Code, shall not enforce traffic and highway laws.
 

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