Can I Argue a Speeding Ticket Based on Radar Error Margin?

Question from John, Can I Argue a Speeding Ticket Based on Radar Error Margin?

Answer from AI:

If you received a speeding ticket in Virginia for allegedly going 15 miles per hour over the speed limit, and the officer cited you under Virginia Code § 46.2-870, you might be wondering if you can argue that the ticket should be dismissed due to the radar’s margin of error. Here’s a general explanation of how you might approach this situation.

Understanding Virginia Code § 46.2-870

Virginia Code § 46.2-870 sets the maximum speed limits on highways. If you were cited for going 15 to 19 miles per hour over the speed limit, this falls under a specific category of speeding violations that can carry significant penalties, including fines and points on your driving record.

Radar Error Margin

Radar devices used by law enforcement to measure speed typically have a margin of error. In your case, you mentioned that the radar used has a margin of error of +/- 1 mph. This means that if the radar showed you were going 15 mph over the speed limit, you could argue that you were actually going anywhere from 14 to 16 mph over the limit.

Possible Defense Strategies

To argue that your ticket should be dismissed based on the radar’s margin of error, you might consider the following steps:

1. Request Calibration Records: Ask for the radar device’s calibration records to ensure it was properly maintained and functioning correctly at the time of the citation.
2. Question the Officer: During your court appearance, you can question the officer about the radar device’s accuracy and the margin of error.
3. Present Evidence: Provide evidence or expert testimony that supports the claim that the radar’s margin of error could mean you were only going 14 mph over the limit.

Legal Precedents and Considerations

Courts have recognized the importance of radar accuracy in speeding cases. However, the success of your argument may depend on several factors, including:

• The specific circumstances of your case
• The judge’s discretion
• How well you present your evidence

When to Seek Legal Advice

While you can represent yourself in traffic court, it might be beneficial to consult with a traffic attorney, especially if you are unfamiliar with court procedures or if the potential penalties are severe. An attorney can help you:

• Understand the nuances of traffic law
• Prepare your defense
• Navigate the court system

Additional Resources

For more information on Virginia traffic laws and how to contest a speeding ticket, you can refer to the following resources:

• Virginia Code § 46.2-870
• Virginia DMV – Points and Violations

Remember, while this information provides a general overview, it is not a substitute for personalized legal advice. If you have specific questions or need detailed guidance, it is always best to consult with a legal professional.