Speeding Ticket Issued with Radar in VA

[LindyHop71]

What is the name of your state?What is the name of your state? Virginia

I was pulled over for speeding in Virginia on Dec. 23rd. Merry Christmas. The ticket is listed as using a Radar (mounted on the dash of the car). How do I go about getting the calibration history for this radar to be sure it was working properly? Obviously, I do not think I was going as fast as the officer says I was (72 in a 55), mainly because I had my cruise control set to 65 and I was on a flat plane of road. Any suggestions would be most helpful on how to argue this in court in a benefical manner!

[seniorjudge]

"...mainly because I had my cruise control set to 65..."

First hint: Don't use the "cruise control" defense because the judge will ask you: Who had control of the vehicle? You or the cruise control?

Another thing: How will you prove how you had your cruise control set? Have you had your cruise control calibrated?

The calibration of the radar is something you usually get when you plead not guilty and get a trial set. Your lawyer may ask for that prior to the trial.

Perhaps you could ask for it now from whoever stopped you. That (in my opinion) is certainly public information and should be available to you. You may, of course, have to pay something for the report. It wouldn't hurt to ask for it.

Now, the kicker. Maybe the cop won't even use the radar. If he comes to court and says he estimated your speed at 72, then what will you do? (He's trained in estimating speed.)

Just some things to think about....

If it makes you feel any better, I just paid a big speeding ticket and the cops and the prosecutor didn't give a rip if I was a judge!

[lwpat]

The problem is that you have just admitted that you were speeding. Call the clerk of court and see if you are eligible for traffic school. Many courts in VA are now accepting online school so that may be your best option.

If you do go to court you may want to have your speedometer checked. VA is one state where the court will accept a defective speedometer as a defense.

[sean13]

What part of VA? I just got a RD in Fairfax so I have a some clue into the process. The best suggestion I could come up with would be to get your speedometer calibrated, 50 bucks, and print out your diriving record, 8 bucks.

If your speedometer varies greatly then you can at least get the fine knocked down and maybe get the ticket suspended. You are just going to have to tell the judge your driving record, hopefully clean, and then state that you "honetly thought I was going 65".

The judge is going to ask if the radar gun is calibrated to the trooper and he will probably say it was.

If your speedo is accurate then you probably should get a lawyer since that arguement would be nasty. You basically imply that the cop is totally wrong. Be prepared to for a speeding ticket regardless, that is the best you can hope for.

Sean

[seniorjudge]

"VA is one state where the court will accept a defective speedometer as a defense."

You mean the Commonwealth rewards you for having defective equipment on your car?

[seniorjudge]

(Code of Virginia, §46.2-940)

Sec. 20-392. Admissibility of results of speedometer test in prosecution for exceeding speed limit.

In the trial of any person charged with exceeding any maximum speed limit in the commonwealth, the court shall receive as evidence a sworn report of the results of a calibration test of the accuracy of the speedometer in the motor vehicle operated by the defendant or the arresting officer at the time of the alleged offense. The report shall be considered by the court or jury in both determining guilt or innocence and in fixing punishment.


If you could post the part of the code where it shows that a defective speedometer is a defense to speeding, I would appreciate it. Thanks!

[sean13]

I'll reply for the both of us... (Assuming the other guy had my train of thought.)

The speedometer calibration is an attempt to give reason to why you were speeding. In this person's case, hopefully, they are trying to duck the RD and get it knocked down to a "regular" speeding ticket. Not trying to avoid the ticket as a whole but at least get a break on the punishment and provide a reason to the action. Not just a, "Hey, I was flying and I knew it!"

Sean

[lwpat]

The report shall be considered by the court or jury in both determining guilt or innocence

Since you claim to be a judge explain how a law requiring the court to consider something in determining guilt or innocence cannot be properly labeled as an acceptable defense in presenting the case.

Virginia law varies from most states in allowing the defendant to produce a calibration record of their speedometer. The normal rule is that if the officer's speedometer was properly calibrated in a pacing situation you are guilty regardless of what your speedometer reads.

As a pratical matter many judges regardess of the law in their state will consider a certified test and may reduce the ticket if you can show that your speedometer has been repaired. Tenn is the only other state that I know of that has a law similar to VA.

[seniorjudge]

Since you claim to be a judge explain how a law requiring the court to consider something in determining guilt or innocence cannot be properly labeled as an acceptable defense in presenting the case.

Virginia law varies from most states in allowing the defendant to produce a calibration record of their speedometer. The normal rule is that if the officer's speedometer was properly calibrated in a pacing situation you are guilty regardless of what your speedometer reads.

As a pratical matter many judges regardess of the law in their state will consider a certified test and may reduce the ticket if you can show that your speedometer has been repaired. Tenn is the only other state that I know of that has a law similar to VA.

I am not sure what you are responding to but it was not my posts. Please read them.