One of the most common methods a police officer uses to determine if someone is driving too fast and therefore subject to a speeding ticket is radar. While this technology has made it far easier for law enforcement officials to catch speeders, it has also introduced the concept of faulty radar readings as a means of defending against these types of charges. However, in order to use this defense, it is vital to have solid evidence to prove it in court. Statistics show that as many as 25% of all speeding tickets are the result of faulty radar. However, unless a defendant has evidence to prove it, judges will rarely accept that defense and the speeder will generally be convicted.
One of the best ways to start compiling an effective defense is to know what the court will use as their offense. To do that, it is important to obtain a copy of the arresting officer’s notes. This is allowed in most states, and it is generally possible to obtain operating instructions and repair manuals for any equipment used. However, few people avail themselves of this option, causing some precincts and courts to ignore such requests. There are three steps to work around this reluctance:
It is important to investigate the type of radar device used, it’s maintenance and calibration requirements, and its accuracy record. Receiving the manuals, instructions, and maintenance handbooks for this equipment is the first step. However, other information can be found on the internet showing weaknesses in the system, such as:
Faulty radar will not be an effective defense unless there is specific evidence of errors in that type of radar and the defense can prove that those conditions existed at the time of their arrest. In addition, it is important to present that evidence logically, which a nervous defendant often cannot do. Speeding ticket lawyers have appeared before many judges and used these kinds of defense strategies many times. They can compile and present this evidence in such a way that the court will see its credibility and consider it as a viable reason to drop or reduce the charges against a defendant.