Defenses Against Radar Readings in Hampton

The best defense for radar tool readings in court is related to the calibration certificate. If there’s any mistake at all in the calibration certificate or if it’s missing, then typically, the case is dismissed. Likewise, if the calibration certificate is present but it shows that the instruments were not calibrated within the required timeframe or anything else was not done according to procedure, then it’s another reason to have the reading thrown out in court.

Basically, if there’s anything wrong or different with the calibration certificate, then that’s cause for a dismissal. The requirements are very strict and a local Hampton reckless driving lawyer can help challenge the radar tools calibration certificate as a defense. Since a reckless driving charge in the state of Virginia is a Class 1 misdemeanor, it is extremely important to hire an attorney who will fight diligently to clear your name.

Accuracy of Radar Tools in Hampton

As long as the instrument in Hampton has been used properly, then the readings they produce are incredibly accurate. The court readily accepts that radar instruments are accurate as long as the officers can back them up with the calibration certificate.

Issues That Can Manifest During a Reckless Driving Case

There are a handful of issues depending on what exactly the facts of any particular case are. Sometimes it’s possible for the instrument to lock on to the incorrect object. However, this is very difficult to prove and generally requires a pretty thorough cross examination of the police officer.

In order to demonstrate that, an instrument locked in to the incorrect object, the officer has to admit that this was a possibility given the fact surrounding the incident. Obviously, it’s not easy to get an officer to admit that he may have made a mistake.

There is also other issues that can come up in certain weather conditions. Certain radar instruments are not accurate if they’re used while there’s any type of precipitation. If a reckless driving attorney in Hampton can show the weather conditions during the stop, then there’s the possibility to prove that there was a risk of interference due to strong wind, heavy snow, heavy rain or heavy humidity.

Operator Error with Radar Tools

In Hampton, police officers are typically trained very thoroughly in the method in which radar guns need to be used in order to accurately detect speed. As with anything, human error is always a possibility. There are going to be situations where an incorrect reading was caused by operator error.

Although operator error may happen, it’s difficult to get the officer to admit to operator error. It’s really hard to prove that operator error was the cause of the reading rather than the driver’s alleged speed. An experienced reckless driving attorney in Hampton can provide a strong cross examination and will know exactly what that needed to be taken by the officer to determine the vehicle’s speed accurately.

Issues with LIDAR

The types of issues that come up with LIDAR are the same type of issues that come up with radar. The only real difference is that LIDAR uses lasers instead of radar to detect speed. And it’s newer technology than radar.

Proving Speeding Instruments Work in Hampton

If the state does not prove that the speed reading instruments are working properly, then this is a possible dismissal of the case. The prosecution’s case depends very heavily on a police officer’s testimony and the results from their radar guns. The whole case basically hinges on the state showing that the speed reading instruments were working and were accurate. A local practicing Hampton reckless driving attorney knows that the prosecution relies on radar evidence and will work vigorously to question the validity of the results.