Faulty Equipment or False Accusation? Challenging Traffic Tickets Based on Faulty Radar
Speeding tickets are one of the most common traffic citations issued across the country, but just because you’ve been pulled over doesn’t always mean the charge is valid. Many speeding tickets are based on radar gun readings, which police officers use to gauge a vehicle’s speed. However, radar guns are not always foolproof, and a number of factors can lead to radar error and an unjust ticket. If you believe that faulty equipment or human error led to your traffic ticket, you may have grounds for a speeding ticket challenge.
How Radar Guns Work
Radar guns use radio waves to detect the speed of a moving vehicle. When an officer points the radar gun at a car, the gun emits radio waves that bounce off the vehicle and return to the radar device. The time it takes for the waves to return helps calculate the vehicle’s speed. While this technology can be effective, it’s not without its flaws. Inaccuracies can arise from equipment malfunctions, environmental factors, or improper use by officers.
There are several reasons why radar readings can be faulty, including:
Calibration Issues: Radar guns need to be calibrated regularly to ensure accuracy. If an officer’s radar gun hasn’t been properly calibrated or is overdue for recalibration, the readings may be unreliable. Calibration records are often kept by law enforcement agencies, and these records can be requested to verify if the radar gun was functioning correctly at the time of the citation.
Interference from Other Devices: Radar guns can be susceptible to interference from other electronic devices. Cell phones, automatic doors, or even radio towers nearby can interfere with radar waves, leading to inaccurate speed readings. Environmental factors such as heavy rain, strong winds, or extreme temperatures can also contribute to faulty radar results.
Multiple Vehicles: Radar guns may have trouble distinguishing between multiple vehicles on the road. In situations with heavy traffic, radar waves can reflect off more than one vehicle, resulting in an incorrect speed reading for the target car. This issue is especially common when the officer is targeting a vehicle in the distance or using radar in a multi-lane environment.
Human Error: Sometimes, the officer using the radar gun may make mistakes in operating the equipment. This can include improper aiming of the radar gun or failing to verify the radar reading with other available evidence. Improper training or inexperience with radar devices can also contribute to inaccurate readings.
Challenging a Speeding Ticket Based on Faulty Radar
If you believe that faulty equipment or human error led to your speeding ticket, you have the right to challenge the citation in court. Here are key steps to consider when mounting a speeding ticket challenge based on radar errors.
Request Calibration and Maintenance Records
One of the most effective ways to challenge a radar-based speeding ticket is to request the radar gun’s calibration and maintenance records. Radar guns are required to be calibrated regularly, and any failure to do so can result in unreliable readings. If it turns out that the radar gun used to issue your ticket was not calibrated properly or was past due for maintenance, this can be grounds for dismissing your ticket.
Your attorney can submit a request for these records as part of the discovery process, and if the records show that the radar equipment was faulty, your defense becomes significantly stronger.
Review the Officer’s Training and Certification
Radar guns are only as effective as the officer using them. To ensure that radar equipment is used properly, law enforcement officers must undergo specific training and certification. You can challenge the speeding ticket by investigating whether the officer had the proper training to operate the radar gun. If there’s evidence that the officer wasn’t certified to use the radar equipment or made mistakes in using it, you may be able to argue that the speed reading is unreliable.
Cross-Examine the Officer in Court
Cross-examining the officer in court can be a critical part of your speeding ticket dispute. During cross-examination, your attorney can ask about the conditions under which the radar was used, whether there were environmental factors like rain or nearby traffic that could have impacted the reading, and whether the officer had a clear line of sight to your vehicle. This questioning can reveal weaknesses in the officer’s testimony and cast doubt on the validity of the radar reading.
Use Witness Testimony or Dashcam Footage
In some cases, your defense can be strengthened by witness testimony or dashcam footage. For example, if you were driving with passengers who can testify that you were driving within the speed limit, their testimony can serve as valuable evidence. Similarly, if you have dashcam footage showing your driving behavior and the speed at which you were traveling, it can provide an objective account of the incident.
Present Alternative Evidence of Speed
If radar evidence is unreliable, your attorney may also present alternative evidence to contest the speed reading. This can include GPS data from your vehicle, smartphone, or apps that track speed. GPS-based speed readings can be more accurate than radar and can offer solid proof to counter the officer’s radar-based claim.
Why You Need a Lawyer to Challenge a Radar-Based Speeding Ticket
Successfully challenging a speeding ticket based on radar errors requires a solid understanding of radar technology, legal procedures, and law enforcement tactics. Working with an experienced Chicago traffic ticket lawyer ensures that your case is handled with the expertise needed to fight for a favorable outcome.
A speeding ticket dispute handled by an attorney can help:
Examine the Radar Gun: Your lawyer will carefully investigate whether the radar gun was properly calibrated, maintained, and used by a trained officer. This investigation will form the basis of your faulty equipment defense.
Challenge Officer Testimony: Your attorney can cross-examine the officer in court and expose inconsistencies in their version of events or issues with how they used the radar gun.
Gather Evidence: From requesting calibration records to securing dashcam footage or GPS data, an experienced attorney knows how to gather the evidence needed to build a compelling defense.
Negotiate or Dismiss Charges: Even if the radar reading isn’t entirely thrown out, your lawyer can negotiate for reduced penalties or a dismissal based on the weaknesses in the prosecution’s case.
Fight to Have Your Charges Reduced or Dismissed
When facing a speeding ticket based on faulty radar equipment, it’s important to remember that you have options. The technology used to issue speeding tickets is not infallible, and mistakes can and do happen. By working with a Chicago traffic ticket lawyer, you can effectively challenge the validity of the ticket and potentially have the charges reduced or dismissed altogether.
If you’ve received a speeding ticket and believe it was based on a radar error, don’t hesitate to contact the team at Bernard Law. We’re here to review your case and provide the defense you need to fight your ticket and protect your driving record. Contact us today for a consultation.