Is it Possible to Fight Radar Gun Evidence in Court?
One of the most common ways law enforcement officials determine whether or not drivers are speeding in South Carolina is by using radar guns. In many cases, drivers who are pulled over and fined for speeding often wonder if they will be able to challenge a traffic ticket in court if radar gun evidence was collected before the traffic stop occurred.
Understanding How Radar Guns Collect Information
Radar guns are technological devices that are designed to send and receive information using radio signals. When a law enforcement official points a radar gun in the direction of a vehicle, a radio signal is also pointed in that general direction. Then, this signal is reflected off of the car. Using a phenomenon known as the Doppler Effect, the gun can then determine how fast the vehicle is travelling based on this signal.
Although radar guns are designed to collect accurate speed measurements, in order to do so, these devices require consistent adjustments and calibration. Based on the specific device, many manufacturers recommend having these devices calibrated every time they are used. However, often, they are calibrated at a much lower rate.
When a driver decides to challenge a speeding ticket they receive in a court of law, it can be beneficial to produce radar gun calibration records. If a radar gun device was not calibrated within the appropriate or required timeframe, it could be determined that the device failed to collect accurate information regarding the speed of the driver.
In some cases, law enforcement officials, even if they attempt to calibrate the radar gun device that they use, do not do so correctly. For example, a law enforcement official may erroneously calibrate a radar gun device if he or she does not use the tuning fork during the calibration process. However, there are rules evidence and criminal procedure that must be followed to successfully raise this issue in court.
Factors to Consider
Before challenging radar gun evidence in court, drivers should remember that instead of going through with this process, a skilled traffic ticket defense lawyer may also have other options to get your ticket dismissed. In this situation, ticketed drivers can reach out to the legal professionals at Nosal & Jeter, LLP to discuss the specifics surrounding their individual case.