If you are a Virginian resident who has been issued a speeding ticket due to a radar gun’s reading, you may be wondering exactly how accurate these tools are in the first place. Though they may seem like a foolproof way for an officer to determine who is or isn’t going over the speed limit, the truth is that they aren’t infallible.
FindLaw asks one important question: can you challenge speed radar gun evidence in court? They point out the fact that while speed radar guns are a useful tool for officers to have, they are subject to the same flaws that any other measuring device is. For example, speed radar guns must regularly be calibrated and tested for accuracy. There is often an element of human error involved in calibration mistakes. The guns may not have been calibrated properly, or they may not have been calibrated within the time frame they were supposed to be.
Even if the calibration was done in the correct time window, you could also argue against it if a tuning fork was not used. Some officers argue that a tuning fork is not necessary, but this is erroneous information and you could potentially use it in your defense in court.
Additionally, many states require officers to get certification in order to legally use a speed radar gun. You can request to see that the officer who issued your ticket had all of the necessary training and certifications that they need in order to use it. If they did not, then it may be possible to get the ticket dismissed.