Petersburg, VA asked in Traffic Tickets for Virginia

Q: Can I please Not Guilty and question radar accuracy?

I was pulled over for speeding and ticketed going 57 in a 40. This was also my first time ever being pulled over and having any vehicle incidents. I was also going downhill and saw my speedometer did not go over 45. On the ticket it says my speed was monitored with a Front/Stationary radar; however, the officer was in motion the entire time. Also curious if I can ask for the officers dash cam footage to show he was not stationary if the reasoning above would be sufficient for my case. I plan to represent myself.

Related Topics:
2 Lawyer Answers

A: You can certainly plead not guilty and challenge the radar accuracy. Just be aware that it's never easy to challenge the validity of stationary or moving radar results. The officer will more than likely be able to testify that he used tuning forks to check the calibration of his radar unit before and after his shift. The necessary records will also be on file with the court. If you wish to review dash cam footage (if they have any) to establish that the summons' claim of stationary radar is inaccurate then that will likely delay your hearing. It's also possible that the officer will concede there was simply a clerical error on his summons and that he meant to write "moving radar" or some such thing instead.

A: An attorney can probably get you a much more favorable result. You admit to speeding 1-9 over the limit which is 3 demerit points. I can usually easily get that reduced to something that doesn't carry any points in Petersburg if that's where your ticket was assuming you were polite. You can approach it your way and try to challenge the radar but that is a pretty technical legal defense and you really have to know the law. There's a much easier and better strategy that can get you a much better result. I've seen people plead not guilty and have judges reduce to 45 in a 40... And that's nowhere near as good usually as what you can get with a different approach. Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.