Legal Question in Traffic Law in Kansas

Refused by LEO permission to view radar gun and its reading.

Recently I traveled to KC, KS. a city I am unfamiliar with. I was on a road in an industrial area where I thought the speed limit was 50-55mph. The road had signage of 45 mph but in my opinion I felt it was very poorly situated. The officer looked undecided if he was going to pursue me. He did. Since I have a fairly new radar detector I felt the officer did not lock onto my speed with his radar. My detector never beeped at all. When I pointed this out to the officer he indicated perhaps my device was inoperable. How convenient, I thought. With the same reasoning I asked to view his device because it might be inoperable and I would be able to clearly see what he clocked me at. He refused and cited me for 58 in a 45 mph. I refused to sign the ticket. Please advise. Thank you.


Asked on 5/25/05, 5:12 am

1 Answer from Attorneys
Brian Leininger Leininger Law Office

Re: Refused by LEO permission to view radar gun and its reading.

The officer is not obligated to show you his radar gun. If he testifies his gun was working properly and he measured your speed at 58, the judge will almost certainly find you guilty. You have a couple of options. I can go to court for you and have your ticket amended to a lower violation which will not go on your driving record. You will not have to go to court at all and it will not go on your record. The only possible problem is if the officer tells the prosecutor you were unpleasant or uncooperative, the prosecutor may choose not to amend the ticket. Your other option is to ask for a trial. I can tell you either of the two judges in Kansas City, KS will almost certainly find you guilty and the ticket will go on your record. Give me a call (913-648-7070)if you would like to further discuss your options.

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Answered on 5/25/05, 11:39 am


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