Speed Reading Instruments in Colonial Heights Reckless Driving Cases
There are several ways an officer can record the speed of a vehicle. For example, law enforcement may use radar, LIDAR, or pacing to determine and document the speed at which someone is driving. Generally speaking, the most commonly used instrument is a stationary radar.
Stationary radars must be calibrated by a circuit court or general district court every so often. If a radar’s records have been properly filed, then it is presumed that its readings are correct, and proving that they are incorrect becomes the defendant’s responsibility.
Additionally, most officers testify that they had their speedometer calibrated before and after their shift and that it was found to be accurate. Police officers who can establish their adherence to these legal procedures are likely to find favor in the courtroom. You should consult with a well-versed attorney to learn more about the role of speed reading instruments in Colonial Heights reckless driving cases.
Contesting a Radar’s Reading
Traffic radars used to detect speeding are common in Colonial Heights. In fact, a radar reading is the strongest evidence available to a prosecutor in reckless driving cases. A person may be able to contest a radar reading if they can prove that it was not properly calibrated or was not functioning properly when the officer used it. Additionally, situations involving potential jail time may warrant spending time and money to fight the charges in court.
Court Attitudes Toward Speed Reading Instruments
Radar readings may not always be accurate, but they are held in high esteem by the courts nevertheless. Every now and again, a person may successfully argue that an officer clocked the wrong driver or made a mistake in using the radar.
LIDAR is a moving radar that provides more accurate readings than a stationary one. The judges take these readings very seriously, and a person would be hard-pressed to find a tribunal in Colonial Heights which does not believe what the LIDAR or radar states, unless they can prove that it was pointed at the wrong individual or that it was not functioning properly.
As long as a radar’s calibrations have been filed, then the court will take its reading as gospel. Otherwise, undocumented or incorrectly filed calibrations may void the use of speed reading instruments in Colonial Heights reckless drivings cases.
However, juries are comprised of regular people, and they can usually be swayed with the help of a dedicated lawyer. Even if calibrations have been properly filed, a jury may believe the defense about an incorrect reading because some of them may have been unjustifiably pulled over for speeding in the past. There is more room for a defendant’s testimony when a jury is involved.
Pacing
Pacing is when an officer does not have a radar in their car and instead keeps pace with a car to gauge its speed. While this method is rarely used, it is admissible evidence for establishing that a driver was speeding.
Contested issues associated with pacing include how long the person was paced, at what distance they were being paced, the calibration of the officer’s speedometer, and their ability to estimate speed. Evidence established through pacing is usually easier to refute because it involves very little documentation on the part of law enforcement. Many reckless driving cases involving pacing boil down to he-said-she-said arguments, so enlisting the services of a qualified legal advocate could be beneficial.
Common Misconceptions about Speed Reading Instruments in Colonial Heights Reckless Driving Cases
The two biggest myths about speed reading instruments in Colonial Heights are that judges do not believe the results thereof and that ignorance of one’s own speed is a viable defense. Judges tend to take radar and LIDAR readings as fact and do not give leeway for a person who did not know how fast they were driving.
A person can start fighting a radar reading in court by investigating whether the proper calibrations were performed on that instrument in the time frame required. For help with this process, contact a lawyer who is familiar with refuting the results of speed reading instruments in Colonial Heights reckless driving cases.
