Right to see radar gun

What is the name of your state? Georgia

Where do I find the written law that indicates that I have the right to see the radar gun. I was pulled over last week, and I asked the officer if I could see the radar gun reading. He said no, and that no law exist requiring them to show me the gun. If the law does exist, I want to print it out and take it to court with me.

dgcd said:

Where do I find the written law that indicates that I have the right to see the radar gun. I was pulled over last week, and I asked the officer if I could see the radar gun reading. He said no, and that no law exist requiring them to show me the gun. If the law does exist, I want to print it out and take it to court with me.

Click to expand...

No such "right" exists.

Are you certified in the operation of police radar, or interpretation of it's readings?

If not, what makes you think you would even know what you're looking at if he had showed it to you?

Would seeing a flashing LED reading make you change your mind about him lying about your speed? Or would you still think he doctored the reading somehow?

If that's the case, what's the point of showing it to you?

You're going to blieve whatever you want, anyway.

Giving testimony about what he saw belongs in a courtroom, not on the side of the road.

So, let me get this correct, you want the officer to let you exit your vehicle, approach his vehicle and check the reading of the radar inside of his cruiser?

Meanwhile traffic is moving by in the lane of traffic next to you, am I correct so far?

Why in the world would the officer put him/her self and you in danger to simply prove to you that he is not lying. That is rediculous. If you believe that the officer made up the speed you were traveling, take it up in court with the judge. The side of the road is not the place for a trial.

As Curt has already asked, are you certified in the operation of radar/lidar? If not, how would you know what you are looking at. Even if you are trained, had the officer locked your speed in the display or had he simply observed the target window as you passed through the beam?

I know of no state that has a law that the Officer must show you the radar gun. Some police officers do make the offer, but they are under no legal obligation to do so.

Besides, they could target one vehicle speeding, never clear it, and keep it there all day long showing people the 'result'. All he has to do is say in court that he observed you exceeding the speed limit.

In almost all traffic stops you are best off not requesting ANYTHING from the officer. Your job is to be as non-descript and non-memorable as possible. Be polite, but not overly polite. He's most likely already decided if he's going to ticket you or not. If you decide to contest the ticket, and he recieves a summons to show up in court, and he remembers that you were an ******* - you can bet he'll be there. If he's got no other cases that day, doesn't particularly remember you, and it's a good day to go fishing/golfing - there's a better chance that he doesn't appear.

Lmao

40-14-5(b)


Georgia code pertintently requires that before a LEO(other that GSP) issues a speeding citation, he must offer to you to test the accuracy of his radar gun at the roadside traffic stop while you wait.



ONLY IN THE STATE OF GA

DO YA HOMEWORK BEFORE YOU ANSWER FALSELY


I'VE BEATEN 7 speeding tickets because the above never took place during my traffic stop.


Know this is old, but people need to know

Casebeater said:

40-14-5(b)
Georgia code pertintently requires that before a LEO(other that GSP) issues a speeding citation, he must offer to you to test the accuracy of his radar gun at the roadside traffic stop while you wait.

Click to expand...

And who knows if he made that offer or not. He isn't under any requirement to show the gun as the original poster asked. And as you parenthetically alluded to, such offer doesn't apply to the state officers. Further he's well within his rights to tell you to stay in your car while he goes back and gets the tuning fork or whatever means is used to test the unit.

That section does NOT say that the officer has to show the driver the reading, only that he must offer to test the device.

(b) Each county, municipal, or campus law enforcement officer using a radar device shall notify each person against whom the officer intends to make a case based on the use of the radar device that the person has a right to request the officer to test the radar device for accuracy. The notice shall be given prior to the time a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the radar device for accuracy. In the event the radar device does not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the radar device shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4.​

There are legitimate safety concerns to bringing a driver out of his vehicle to yours. Fortunately, the GA law does not require this. I DO think it is a safety issue as written, as well.

This thread is 3-1/2 years old. Do YOU read before YOU post?

Casebeater said:

40-14-5(b)


Georgia code pertintently requires that before a LEO(other that GSP) issues a speeding citation, he must offer to you to test the accuracy of his radar gun at the roadside traffic stop while you wait.



ONLY IN THE STATE OF GA

DO YA HOMEWORK BEFORE YOU ANSWER FALSELY


I'VE BEATEN 7 speeding tickets because the above never took place during my traffic stop.


Know this is old, but people need to know

Click to expand...

Zigner said:

This thread is 3-1/2 years old. Do YOU read before YOU post?

Click to expand...

And he broke the Free Advice BS meter too.

I think he makes an excellent point that is likely to be beneficial to lots of people who drive through GA. Whethere it is 3 1/2 years old or a CA cop thinks it's unsafe is irrelevant. It IS educational.

Not unless the law has been changed in that time period. I would consider the advice stale unless verified.

HighwayMan said:

Not unless the law has been changed in that time period. I would consider the advice stale unless verified.

Click to expand...

The section I posted is from the GA state website as directed to the state codes on Lexis. So, the section as quoted above is still valid.

And, it is still potentially unsafe - even if a legal requirement. I can see a lot of potential for officers to take extraordinary measures while they are adhering to the driver's lawful request for a test ... such as having the driver standby until a second unit can arrive for cover so the officer can perform the test, having the driver turn over his keys until the officer is finished, perhaps even detaining the driver in the officer's vehicle. Who knows? But, as the officer will be distracted by the test it IS a safety issue and safety conscious officers will likely do something to keep themselves safe. The least intrusive method might be to call for a second unit which, depending on where they are, might be a minute away or it might be twenty ... hard to say.

CdwJava said:

The section I posted is from the GA state website as directed to the state codes on Lexis. So, the section as quoted above is still valid.

Click to expand...

I was confused by the dates of the posts since I am exhausted. I actually wasn't referring to your post, but it's all irrelevant anyway.

I will try to take a nap now...

HighwayMan said:

I was confused by the dates of the posts since I am exhausted. I actually wasn't referring to your post, but it's all irrelevant anyway.

I will try to take a nap now...

Click to expand...

I've had one of those weeks - been into the office every day. We had a state audit I had to prepare for and be present for, we had construction going on in the evidence room that caused damage to our computer servers so I had to deal with that, the internet access and e-mail for city hall went down, the cable company was wiring cable into the police department, and we had two complaints I had to address. Oh, and I managed to squeeze in a foot pursuit after a drug dealer and caught him holding a dozen Oxy tabs and a load a cash, plus a cell phone full of incriminating texts!

I'm ready for a nap, too!

Show off!