Asked in Traffic Tickets for Maryland

Q: Can I request radar verification records for a speeding ticket?

Officer gave me a citation for speeding and prudent negligence, not sure if he used radar or not. If I can request this documentation, how do I do so without a lawyer?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: At court, either before your case is called or when it is called and you are standing before the judge with the officer present, you inquire whether the officer used a radar, laser or Lidar device to document your speed, or whether he paced your car using his vehicle speedometer, and does he have the certified calibration records with him to prove that the device he used or the speedometer in his police cruiser that day were tested and confirmed as performing accurately. If he does not, you plead not guilty and object to any testimony regarding the speed of your vehicle. However, you are apparently charged with speed greater than reasonable for the traffic conditions, which is a judgment call not directly tied to the posted speed limit, but dependent on traffic and weather conditions at the time. That becomes a matter of opinion between you and the officer as to what those conditions were and whether the speed of your vehicle was reasonable or not for those conditions (driving the posted speed limit may be unreasonable, for instance, where you are driving through a crowd on the street, or where the road is covered in slick ice and other traffic and pedestrians are at risk of being hit because a vehicle at you speed cannot stop on ice). Speed greater than reasonable carries only 1 point. As a backup plan in the event you are found guilty, take the online MVA Driver Improvement course and bring the certification of completion with you, and ask for a "probation before judgment" (PBJ) which if granted will avoid the conviction and point and the charge will not appear on your record and will not result in an increase in your insurance premiums.

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