Is It Possible To Challenge A Radar Gun Speeding Ticket?
Many people ticketed for speeding simply take the officer’s word for it that they were over the speed limit. Or they ask to see the radar gun reading and say “OK, you got me.” But that is not necessarily the end of the story. Radar guns can be wrong. It may be worth your while to fight the ticket.
Radar Technology Is Not Perfect
Law enforcement wants you think that radar guns and breathalyzers are reliable because they are “high-tech.” In reality, the technology is not as accurate or infallible as they suggest.
In a lab setting, the radar gun would be on a fixed mount and recalibrated after each use. In the real world, the gun gets used repeatedly. It gets bumped and moved around. The wind or dust or the officer’s hand movements might throw off the results. That number indicating your speed is a best guess, but it is admissible in court.
You will want to discuss the following questions with a criminal defense attorney:
- How recently was the radar gun calibrated and by whom? Can the department provide maintenance records?
- If the department uses lidar (light detection and ranging) speed guns, was the officer certified to use one?
- Were there factors that might have skewed the readings, such as other vehicles or weather conditions?
- Is there dashcam video or other evidence to support the radar or the officer’s report.
Why Not Just Pay The Ticket?
Speeding tickets can be expensive. Certain offenses or too many tickets can trigger higher auto insurance rates. Traffic violations also count as points against your New York driver’s license – too many points can lead to loss of driving privileges and the additional hassle and expense of license reinstatement.
- See Why You Should Fight A Ticket for how a lawyer can help.
Find Out If We Can Fight Your Ticket
Challenging the radar gun is not always feasible, but sometimes it is possible to reduce the fines, reduce the points or get the citation dismissed altogether. Our attorneys practice in the local courts of Albany, Schenectady and Rensselaer counties. Call our law office in Menands at 518-880-9159 for a free initial consultation, or contact us online.