If you have been pulled over for speeding based on the results from a radar gun, it is possible to challenge the
radar gun evidence in court. Although it is becoming increasingly difficult
to challenge the accuracy of a radar gun, primarily due to technological
advances, there are still a variety of factors that can result in inaccuracies.
The following are the common ways you can challenge the accuracy of a radar gun:
- Was the radar gun calibrated properly? Since radar guns are considered scientific instruments, their accuracy
is substantially based on the device being calibrated adequately. If the
equipment is not properly calibrated, it is likely to produce false readings.
It is mandatory that the officer is trained to calibrate the equipment.
So the calibration can be challenged in court and whether or not the officer
is trained in calibrating the device.
- Did the officer properly use the radar gun? Not only is it important for police officers to be trained to calibrate
the radar gun they will be using, but they must also be trained in the
proper way to use the radar gun. For example, if an officer tries to clock
vehicles coming out of or entering into a curve, he or she will receive
a false reading. The same could be said in attempting to clock vehicles
in a highly trafficked area.
- Did the radar gun experience any kind of interference? Radar guns are highly sensitive to any type of device which can emit frequencies
and vibrations. Since law enforcement officers are always in close proximity
to a police vehicle when they clocked you, there could have been interference
from various components in the vehicle, such as the radio, the alternator,
or any other mechanical noises close by.
- Did the radar gun lock onto the wrong target? According to the National Highway Traffic Safety Administration (NHTSA),
the auto-lock feature on radar guns should be disabled. This feature automatically
locks onto a specific vehicle and follows it until the radar gun reads
the vehicle’s speed. However, the auto-lock can lock onto the wrong
vehicle when more than one car is traveling in the sight of the radar gun.
At Paul Kubosh, Attorney at Law, our Harris County traffic ticket lawyers can conduct a thorough examination of all the facts associated with the
speeding charge. We may be able to uncover at least one factor that can
cast doubt on the accuracy of the radar gun at the time it was used.
For more information, contact us and request a free consultation today.