And, automatic radar units or those set to automatic mode tend to produce this type of error more frequently than units that the officer manually turns on and off such as with a trigger system. Although metal reflects radar beams better than most surfaces, pretty much any material will reflect radar waves to some extent. In fact, on windy days, windblown dust or even tree leaves can be picked up by radar devices.
The same is true of rain, snow, and the like. Sometimes these spurious readings can be attributed to your vehicle. Pre-thunderstorm atmospheric electrical charges can also interfere with a radar unit.
This interference occurs when electrically charged storm clouds reflect a bogus signal back to the radar unit even though they are high in the sky. If such a storm cloud is traveling at a sufficient speed, a false radar reading can result. Every scientific instrument used for measuring needs to be regularly calibrated to ensure its accuracy. Radar equipment is no exception. It must be checked for accuracy against an object traveling at a known not radar-determined speed.
Calibration of a radar unit typically involves using a tuning fork as the moving object. Tuning forks are supplied by the manufacturer of the radar equipment and certified to correspond to the speed marked on the fork.
According to most operation manuals, a radar unit should be calibrated with the tuning forks before and after every shift.
Ideally, several tuning forks vibrating at different speeds should be used to check the radar unit's accuracy.
Since tuning forks can easily become inaccurate, it's important that they are protected from damage. A good scratch or dent can render one inaccurate.
Keeping the forks in a sturdy box usually protects them. It is time-consuming to use a tuning fork as a calibration device. So a second—but far less accurate—method has been developed to check the accuracy of radar units. This second method is a "calibrate" or "test" switch built into the radar unit itself.
The unit reads a signal generated by an internal frequency-generating device called a "crystal. Unfortunately, these internal calibrating systems don't work as well as they're supposed to. The errors previously discussed for example, with weather and dust particles can contribute to inaccurate readings of the relative speed between the target vehicle and patrol vehicle.
But these kinds of errors can also contribute to inaccurate readings of the patrol car relative to the ground. You are going 65 miles per hour northbound, in the opposite direction. The officer's unit detects this mile-per-hour speed and should subtract the patrol car's mile -per-hour ground speed to get your true speed of 65 miles per hour.
Instead, the officer's ground-speed beam fixes on the truck ahead and measures a false mile-per-hour ground speed. It subtracts only 50 miles per hour from the miles per hour, to get 85 miles per hour for your speed, even though you're doing only 65 miles per hour. In situations where several cars proceed over the speed limit, some especially zealous officers will take a radar reading on the "lead" vehicle and then pull it over, along with one or two followers.
In court, the officer will try to use the reading for the first vehicle as the speed for everyone else. The officer may even be upfront about this, saying that he or she saw the vehicles behind following at the same speed. This is shaky evidence. To be really accurate, the officer would have had to simultaneously note the lead car's reading while also keeping a close eye on the other cars. No discussion of radar would be complete without a few words on the technology of radar detectors—little black boxes that consist of a sensitive radio receiver adjusted to pick up signals in the radar frequency range.
But instead of powering a loudspeaker, this type of radio circuit activates a beeper or light to warn that your speed is being monitored. Radar detectors are illegal in Virginia and the District of Columbia but legal in all other states for most drivers. However, federal regulations, which apply in all states, prohibit commercial drivers from using them. Where radar detectors are illegal, you can usually be ticketed for having one and have it confiscated.
Even when radar detectors are perfectly legal, some people believe that officers are more likely to issue a ticket—as opposed to a warning—when they see a radar detector in your car. Laser detectors are the most recent addition to the traffic officer's arsenal of speed- measuring devices.
Built to look and act like a hand-held radar gun, a laser detector uses a low-powered beam of laser light that bounces off the targeted vehicle and returns to a receiver in the unit. The unit then electronically calculates the speed of the targeted vehicle. Based upon my reading of the laws, This particular law has nothing to do with driving based upon the speed of the signs that would be RCW Is this grounds for a dismissal?
Make a discovery request via certified mail there are numerous posts about how to do so in here , and see what you get back. For an SMD speeding ticket, you'll usually get back the officers statement with his description of the infraction, and the model and serial number of the device he used. In some courts, they'll be nice and send you a copy of a document entitled something like "Certifications Concerning Design and Construction of Radar Speed Measuring Devices" explaining how the device works, somewhere in the document there will be a page with serial numbers including the one he used on you and the date it was last tested.
If they don't send it to you in discovery - just go to the court the ticket was filed in, it should be public record. Your best bet to winning this case is to carefully analyze his report post it here without identifying details and the affidavit for the SMD involved, and hope there's an error you can use to have either of these suppressed from evidence, and get a dismissal for lack of evidence.
Other than this, hope the ticket wasn't filed within 5 working days of when it was written OR that the the prosecution doesn't send you discovery I wouldn't try arguing against About the Author Tony was born and raised in Bremerton, Washington.
He is an energetic attorney and currently focuses his attention on the representation of clients in both civil and criminal traffic matters. By: Antonio Garguile, Esq. Published: July 3, Meaning that minor mistakes on your ticket by the cop will not be one of the reasons a speeding ticket can be dismissed! Repeatedly Continuing Your Case — I have had potential clients tell me that this was their strategy, in hopes that the cop will not remember the specifics of their situation.
The problem is, in Washington State, cops do not appear for your hearing unless you subpoena them. Instead, they write up a report usually the same day they stopped you for speeding, and the Court will rely on that statement. Each case and each court is different. This could be a mitigating factor reduce your fine amount , but this does not get you out of a speeding ticket. Let's see. When life spins out of control and you are overwhelmed with debt and bills, bailing out and reducing your living costs may be the only chance you have.
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