How often do PA state troopers radar guns need to be checked?

[ndelnano]

What is the name of your state (only U.S. law)? Pennsylvania

I was cited for going 90 in a 55 today (11/2/13). On my ticket it says that the gun was last checked on 2/21/13. I have read that PA law requires them to be checked every 60 days, but I have also seen that police officers are required to check the gun with tuning forks at the beginning and end of their shifts. Will using the date of last check of the gun help me in court? Any advice is appreciated.

Thanks,
Nick

 

[cbg]

You aren't seriously going to claim that the radar gun could be as much as 35 miles an hour off, are you?

 

[FlyingRon]

CALIBRATION is done every 60 days. That's different before the beginning of use test which on many units is just met by turning it on. You don't "calibrate" the gun with a tuning fork or self test.

 

[justalayman]

What is the name of your state (only U.S. law)? Pennsylvania

I was cited for going 90 in a 55 today (11/2/13). On my ticket it says that the gun was last checked on 2/21/13. I have read that PA law requires them to be checked every 60 days, but I have also seen that police officers are required to check the gun with tuning forks at the beginning and end of their shifts. Will using the date of last check of the gun help me in court? Any advice is appreciated.

Thanks,
Nick

maybe some help:

http://www.pacode.com/secure/data/067/chapter105/subchapBtoc.html


http://www.pabulletin.com/secure/data/vol35/35-51/2316.html

http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=75&div=0&chpt=33&sctn=68&subsctn=0

(d) Classification, approval and testing of mechanical, electrical and electronic devices.--The department may, by regulation, classify specific devices as being mechanical, electrical or electronic. All mechanical, electrical or electronic devices shall be of a type approved by the department, which shall appoint stations for calibrating and testing the devices and may prescribe regulations as to the manner in which calibrations and tests shall be made. The certification and calibration of electronic devices under subsection (c)(3) shall also include the certification and calibration of all equipment, timing strips and other devices which are actually used with the particular electronic device being certified and calibrated. Electronic devices commonly referred to as electronic speed meters or radar shall have been tested for accuracy within a period of one year prior to the alleged violation. Other devices shall have been tested for accuracy within a period of 60 days prior to the alleged violation. A certificate from the station showing that the calibration and test were made within the required period and that the device was accurate shall be competent and prima facie evidence of those facts in every proceeding in which a violation of this title is charged.

or maybe not

 

[ndelnano]

You aren't seriously going to claim that the radar gun could be as much as 35 miles an hour off, are you?

No but if I can claim that it was off by a little bit it will be enough for me to keep my license from getting suspended.

 

[cbg]

Quite unlikely to be off by more than a mile or two, if that, and you'd have to show that it could have been off 4 miles an hour or more to avoid suspension. Possibly even more, depending.

 

[justalayman]

Quite unlikely to be off by more than a mile or two, if that, and you'd have to show that it could have been off 4 miles an hour or more to avoid suspension. Possibly even more, depending.

actually, you do not have to show it is off at all let alone an error adequate to cover up the speeding. What you have to prove is the SMD is not legally dependable and you do that by showing it has not been maintained as the law requires. If the device is not maintained as the law requires, who knows if it is correct or not? Therefor since it is not dependable, it cannot be used to support a speeding citation.

 

[cbg]

Since I have very little patience for those folks who drive at excessive and unsafe speeds and then try to get out of taking any kind of responsibility for it, and since if he was driving 90 in a 55 zone (which he has not denied) I think his license SHOULD be suspended and for a good long time, I think I will simply leave this discussion before I say something I regret.

 

[Salsawood]

How often do PA radar guns need to be checked

ndelnano
How often do PA state troopers radar guns need to be checked?
What is the name of your state (only U.S. law)? Pennsylvania

I was cited for going 90 in a 55 today (11/2/13). On my ticket it says that the gun was last checked on 2/21/13. I have read that PA law requires them to be checked every 60 days, but I have also seen that police officers are required to check the gun with tuning forks at the beginning and end of their shifts. Will using the date of last check of the gun help me in court? Any advice is appreciated.
Thanks, Nick

~ ~ ~ Nick
You can easily find that information online.
Most states require service and calibration by a government authorized facility (manufacturer or 3rd party facility) once a year or once every 6 months.
I have never read of any state requiring this service every 60 days.
There is an article online from a "former cop" claiming 127 of 150 departments he reviewed had radar units used routinely that were not serviced as per the requirements. Be it known, this individual is in some sort of business helping people fight tickets. His claims might be nonsense.

This service accomplishes a complete check of the unit calibration.
This is not the same as the self check or tuning fork tests done each time the radar unit is used.
Some states require the tuning forks be used at the beginning of each shift.
Some require the forks be used after each use of the radar unit, that is after each ticket.

Most, as I read, require more than the self test, which is a button pressed and a display that says OK.
That tests nothing more than the internal circuitry.
The tuning forks - usually 2 of them, one might be the frequency to produce 35, another produces 55 in the display window, test accuracy. If they are off by even 1 mph, the unit is disqualified from use. That does not mean the cop will ldrive back to the depot and pick up another radar unit.

Tuning forks have a serial number on them and are matched with the radar unit serial number. The forks cannot be interchanged w another unit. Any dings or defects in the forks makes them invalid and they must be replaced. Some forks have one arm that is wide and one that is narrow. the test must be done with the wide end closest to the radar antenna.

Neither the tuning fork test nor the self check does any calibration. It tests. A result is expected, OK, or the 35 or 55 in the window.
You aren't claiming the radar unit is off by 35 mph. If it is off by 1 mph in any test, it is disqualified.
If the required service and calibration is expired by 1 day, the radar unit is disqualified.
If the cop does not have the requires training or his required training is not up to date, he is disqualified.

If the required service and calibration is out of date, the unit is disqualified and so is your ticket.
It does not matter how many miles over the speed limit you were driving. Radar units have a 1 mph error margin.

Some courts/ jurisdictions require many of these documents to be certified. Seems it would be easy for any police dept to fill out a form that says, yup, we checked it, uhhh, last Tuesday. But keep in mind, the certifying lab or business must keep records as well, so falsifying these documents would be risky venture.
Learn the rules and the law, and challenge the procedure by requesting all the documents that might be required. Make them show up and produce what is required. I got hold of the manual for the radar unit, found it online. With it, I understand how the unit works, what is required to operate it and I can question the cop who used it. But my case will be won on entirely different grounds. I will not even discuss the radar gun.
You can inquire at the police dept as to what make and model radar units they have in use.
You can also ask what specific unit was used in your case.

Talk intelligently, be polite, be informed. Ask questions, you need to learn.
Just because you were in fact speeding doesn't mean you are not entitled to post a defense and check that proper procedures were adhered to and documents are up to the requirements.

 

[justalayman]

Salsawood;3223856

~ ~ ~ Nick
You can easily find that information online.
Most states require service and calibration by a government authorized facility (manufacturer or 3rd party facility) once a year or once every 6 months.

or earlier in the thread.

If it is off by 1 mph in any test, it is disqualified.

if it is off greater than the law allows which is going to be state dependent and is based in statute...and watch out for that judicial discretion.

If the required service and calibration is out of date, the unit is disqualified and so is your ticket.
It does not matter how many miles over the speed limit you were driving. Radar units have a 1 mph error margin.

actually, the margin of error is specific to each make and model of device. The law may require a maximum margin of error. and to the ticket getting tossed as you say; maybe, maybe not. Often times the SMD is used merely as verification of the cops visual determination of your speed. If so, the SMD issue won't mean squat. Beyond that, a judge can ignore that one day. If you have issue with that, you can appeal and try to make a go of it. Ultimately, after a lot of time and usually considerable money, the appeals court will decide and they can decide it is not a fatal issue. It is in no way a certainty the ticket will get tossed with a slightly outdated cert.

Some courts/ jurisdictions require many of these documents to be certified. .

and what the jurisdiction requires is irrelevant and the court cannot require them to certify the documents if the law does not require it. The state law specifies what must be certified. A court must abide by the rules within the law. They cannot require standards beyond what the law requires so, if you want this info, you research the law.

You can inquire at the police dept as to what make and model radar units they have in use.

sure you can and they can go: I dunno.
If you want to know what they use, you use the discovery process and put forth a formal request for what they use.

You can also ask what specific unit was used in your case.

oh, come on now. If you are going to attempt ANY challenge of the SMD, you MUST know not only the manufacturer and model, you MUST identity the specific unit used. A statement like that is simply prattle with no value at all.

Ask questions, you need to learn.

you had better have done all your learnin' before you walk through the courtroom door. Neither the judge not prosecutor is there to teach you, well, nothing other than to teach you the cost of speeding.