When a law enforcement officer pulls you over for speeding, saying that (s)he “got you on radar,” you likely think that you have no alternative but to pay the ticket fine and resign yourself to having points against your driver’s license. This, however, is not always the case.
What most people do not realize is that radar guns are not infallible instruments. FindLaw explains that often they can record inaccurate results. If you believe that you really were not speeding even though the radar gun says you were, your best option may be to consult an experienced criminal defense attorney who can help you challenge the radar evidence in court.
Virtually all radar device manufacturers have a procedure by which the device must be calibrated. They also set forth a schedule for when these calibrations should occur. Many manufacturers recommend that the officer calibrate his or her device before each usage. Did the officer who gave you the ticket do this?
Most manufacturers likewise mandate that operators calibrate their devices with a specified tuning fork. Did the officer who gave you the ticket use such a tool or did (s)he calibrate by means of his or her fingers, a screwdriver, or some other tool?
Manufacturers also specify the type, length and frequency of training an officer should undergo before using the radar device. Remember, each radar device works differently. Did the officer who gave you the ticket receive the correct training for using this particular device?
Only your attorney can do the requisite investigation to determine whether or not the officer correctly used and maintained his or her radar device. Should discrepancies exist between what (s)he did and what (s)he should have done, your attorney may well be able to successfully challenge the radar evidence in court, thereby achieving your acquittal.