Legal Question in Traffic Law in Virginia

Radar Calibration Documentation

My defense on a speeding charge was to attack the admissiblity of the radar evidence. The police officer had no documentation to evidence that the radar gun and tuning forks had been tested and/or properly calibrated. The judge ruled that such documentaion is not required in Virginia. Is this true, or do I have a good case for appeal?


Asked on 12/30/06, 11:33 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Radar Calibration Documentation

Yes, the judge would appear to be quite correct in his or her ruling as to ths issue of required documentation; such documentation or the lack thereof merely goes to the weight of the evidence (for or against the defendant) which the judge may consider in making a decision on the case. There is no requirement under Virginia law (of which I'm aware) that such testing and calibration evidence for the radar gun be available for the trial of the case or that the case must, consequently, be dismissed.

And, therfore, no, in my opinion you would not have "a good case for appeal."

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Answered on 12/30/06, 11:19 pm


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