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Are radar guns infallible?

On Behalf of | Mar 6, 2020 | Firm News |

Few things are more frustrating than getting stopped by a law enforcement officer who issues you a speeding ticket based on his or her radar gun “evidence,” especially when you are quite sure you were not, in fact, speeding, no matter what the radar gun “evidence” says. So what should you do? Assume you cannot “beat the rap,” pay your ticket and take your points? Or should you fight? 

FindLaw suggests that you may wish to go to court and challenge the radar evidence. If so, your attorney first needs to do some investigating. 

You have two main challenge avenues. First, you can question the time and method of the radar gun’s calibration. Second, you can question the officer’s radar gun training. What most people fail to realize is that radar device manufacturers have specific guidelines for both. 

In terms of calibration, most manufacturers recommend that the officer recalibrate the device before each use. Furthermore, (s)he should calibrate it with a special tuning fork, not something else. You and your attorney may be able to prove that the officer failed to properly calibrate his or her radar gun at the proper time. 

In terms of training, most manufacturers recommend that officers take a specific and/or certified training course before using their device. Did the officer who gave you your ticket receive this training? If not, your attorney may be able to raise sufficient reasonable doubt as to the officer’s qualifications to use the device and therefore get your speeding charge dropped. 

Given that a speeding conviction will not only cost you a fine and points against your driver’s license, but also likely will raise your auto insurance premiums, you may do well to challenge the radar gun evidence in court if you truly believe its results were in error and you were not speeding.