In order to catch speeding offenders in the Commonwealth of Virginia, law enforcement officers use a variety of different instruments. Below a Virginia speeding ticket lawyer discusses these instruments, their accuracy, and potential problems that can be used as defense to speeding. To discuss how this relates to your speeding or traffic case, call and schedule a consultation today.
Traffic radar instruments are extremely accurate when used correctly. Speed detecting technology has progressed and improved in the last few years, and judges know that, so it’s very hard to argue against one of the instruments.
With that said, however, there is a possibility of having a radar instrument lock on to the wrong object or be interfered with by some other objects or sometimes even by weather. Yet while this is a possibility, proving it is going to require a very strong cross-examination of the police officer involved. The purpose of the cross-examination is to show that there is reasonable doubt that the reading was locked on to the correct vehicle or that the perhaps the instrument was used incorrectly.
It’s hard to say how common operator error is because this is something that is very difficult to prove in court. In order to prove operator error you need to cross-examine the police officer and somehow get them to admit that there is reasonable doubt as to whether he was using the equipment properly or the equipment was functioning properly. Most police officers are not going to readily admit that they may have done something incorrectly, so generally this isn’t a great defense.
A common myth about speed reading instruments in Virginia is that people tend to believe mistakenly that it’s easy to show that a radar locked on to an incorrect object. This is extremely hard to prove in court in reality. It’s something that requires extremely strong cross examination of the officer.
Another myth that people believe is that the officer must show them the reading on the radar gun if they ask at the scene. There is no rule that says officers are required to show the driver anything at all. So if the driver asks the officer if they can see the radar reading and the officer says no, there are no consequences for the case. Sometimes officers do comply, but they are under no obligation to do so.
Due to the fact that it is so hard to prove that there was an issue with a speeding instrument, it is often a good idea to have an experienced legal representative who can help build you the strongest defense possible. To learn more about what can be done for your case, call and schedule a consultation today.
Northern Virginia Criminal Defense Group
