How to Get out of a Speeding Ticket Because of a Faulty Radar Gun
Speeding tickets can not only ruin your day, they can cost you hundreds of dollars in fines and increased insurance rates. When looking for a good defense, checking out the officer's equipment can be a good way to get the ticket dismissed. If the radar gun was not used correctly or regularly serviced, you may find that the judge rules it out. However, before you can launch this defense you need to do your homework.
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Instructions
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After the police officer gives you the ticket, request to see the radar. In some jurisdictions, officers are required to show you the radar if you ask. In others, they are not. Do not argue with the officer if he refuses to let you see the radar.
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Ask the officer where she was when you were clocked and if she was moving at the time.
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Ask the officer if he used radar, laser or Accutrac to detect your speed and when the device was last calibrated. It is important not to argue with the officer if he can't answer the questions. You can also find out these answers later during discovery.
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Go to your local county clerk's office and file a request for discovery. You may be able to do this simply by sending a letter, or you may need to file a motion for discovery or discovery subpoena with the clerk. Ask for three things:1) Copies of manufacturer's names, makes, models and serial numbers of all radar and laser devices in use by the police or sheriff department.2) Maintenance and calibration records for the past six months for all devices used by the department.3) Any literature from the manufacturers of all radar guns or laser devices used by the department regarding their correct use, including recommended maintenance, specifications on mounting, aiming, weather and traffic limitations.
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File a Freedom of Information Act request to obtain the information if the request for discovery does not give you the information you requested.
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Review all the information. See if the officer was using the device properly according to the manufacturer's guidelines. If not, this will be your defense in court.
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Bring all evidence with you to court to present it to the judge. Once in court, the officer must establish several things before she can use the radar or laser reading as evidence. This includes: that she is using an up-to-date, accurate traffic and engineering survey; that the radar or laser was properly calibrated; that she has an FCC license; and that the radar/laser unit appears on that license. Politely object if the officer attempts to use the radar or laser reading without establishing these things.
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Ask the officer questions when he is testifying. Ask about when the radar was calibrated and the proper use of the device. See if his answers match what you discovered. If you can establish doubt about whether the radar gun was faulty, you'll soon be out of your ticket.
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Tips & Warnings
Always sign the ticket. If you don't, you may end up going to jail.
Never argue with the officer. Save it for court.
Resources
- Photo Credit Bekah Stargazing
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Comments
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Going to ask for service records of the officer's radar gun tomorrow for court. Hopefully this works.
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amalowze
Sep 19, 2008
I had a ticket in virginia, fairfax county and followed your advice on defense. When I submitted a motion for discovery, I was denied from the prosecutor's office, signed, affirmed by the judge on the reason that a new law prohibits the disemination of such information by a defendant. I lost the defense. I would like to know if this law exists and if it is legal. They did not show me the law. I did not ask for it.. -
amalowze
Sep 19, 2008
I had a ticket in virginia, fairfax county and followed your advice on defense. When I submitted a motion for discovery, I was denied from the prosecutor's office, signed, affirmed by the judge on the reason that a new law prohibits the disemination of such information by a defendant. I lost the defense. I would like to know if this law exists and if it is legal. They did not show me the law. I did not ask for it..
