Peter, what do you think about Pillowsplat's post above?

Warren

 

I think it's funny. However, it does hold some merit. One thing to keep in mind folks is that usually when an officer pulls you over for something with radar, then he has already planned to use the equipment that day, therefore, already calibrated before and after his shift that day. Most police dept have a dedicated traffic unit that uses radar all the time, so they are used to calibrating it before and after their shift and updating the calibration book. So it's just not some police officer that doesn't use radar all the time and doesn't know how to calibrate or remember to do it.

Now for Pillowplats theory on proving the police officer got the speed of the fan in the dash or having electrical interference when he used the radar gun.... good luck proving that in court. In the four and a half years as a police officer, I've never seen anyone cast reasonable doubt using those excuses. Another thing to keep in mind is that if you want to fight it in court and use all these theories you find on the net and use the courts time, be ready to piss off the judge and have him raise the fine on you. Judges have that right. You just made him miss his 3pm tee time. Now, I'm not saying you don't have a right to fight in court. But keep in mind, judges are human too, so they will see frivilous excuses and if you want to waste their time, they will surely waste yours.

Now for the radar detector. If a VA police stops you and sees that you have a radar detector in the vehicle, he can confiscate the radar detector away from you and you will not see it again. Now the stipulation is this. The radar detector must have immediate access to a power source. For example, you're going down the road and you are using your radar in VA. You see a police officer running radar on the side of the road and you take the radar detector off the windshield and put it in the glove box. The police officer stops you. During the stop, he sees a power cord from the power outlet in your car. He asks you to take out the radar detector. You open the glove box. He confiscates it and gives you a ticket. You tell him that you weren't using it in VA and that it was in the glove box the entire time. It's not going to matter. From the driver's vantage point, he/she has immediate access to the radar detector, and the radar detector has immediate access to the power supply. Therefore, making it illegal. Now let's say you have the radar detector in the trunk. Now it has no immediate access to a power supply unit. Therefore the officer cannot issue you a ticket for use of a radar detector because it was not being used or has no way of being used. BUT he can still confiscate it, since it is still illegal in VA to possess it.

It doesn't matter what state you are from. If you have a radar detector it's still illegal in VA. One thing to keep in mind is that whatever state you are in, you have to follow that state's laws. Unless it is something that is vehicle regulation in another state. One state cannot enforce vehicle regulation on another state if the vehicle is registered out of state, i.e. tint.

I hope that makes sense. I am typing this up at 7:30 am so it may not sound right, but to me it does.

Peter

 

The law says otherwise: "Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with a violation of this section, or at that person's request, and his expense, mailed to an address specified by him."

http://leg1.state.va.us/cgi-bin/legp504.ex...0+cod+46.2-1079


Oherwise, good insider view.

 

I have always been a little leary of radar detectors, wondered if they would lull me into a false sense of security

Also in DC detectors are illegal.

I live in VA now so it is a moot point, I will not be buying a detector in any event.

Good post Peter.

John

 

Alrighty, let me clarify this for ya. Let me use another example for you. Let's say you are charged with a drug offense. You are caught with cocaine. They use the evidence (cocaine) in court. Now are they going to send you the cocaine back to you after court is done? Um.. no. It's an illegal product. The same goes in VA. Radar detectors are illegal. If you are a current resident in VA you will not receiving that radar detector back after all is said and done.

Now let's flip the coin to an out of state person. You will get the radar detector sent back to you via mail, but you will have to pay for shipment. And no, it's not a C.O.D type of delivery. It must be paid for upfront. So in addition to the court fee's, fines, and all the rigamarol, now you have to arrange payment with the police dept sending you back your radar detector. Have fun arranging that. That's the last thing on the clerks agenda for the day.

I understand that code section you found makes it look like you receive all the evidence against you, but it isn't necessarily true. It's valid in some instances but not in others.

 

Great write up(s) Peter... definitely a lot of useful information

 

I agree with Peter. The shadow of doubt was the last resort. Accuser and calibration are the best bets. I think you might also be right on wasting the Judge's time. I had this big folder of pix and two pages of notes to go over. In hindsight the Judge probably saw that and just glazed over and winked to the officer. Let's get this knucklehead out of here now so we don't have to be late tonight. Who konws. It worked I drive slower.

 

i have alot of work ahead of me, defense etc. to be honest i dont think he got me on radar, by law do they have to show u what they got u at?

 

Nope

 

Speaking of radar and other types of speed measuring devices, I've always wondered this...

You're driving down the road and see a sign that says "speed checked by radar". Does that mean if they're using laser or vascar it could be thrown out because they used something other than what the sign stated? Just wondering.

Thanks,
Warren