What rules or regulations should a police department abide by in regards to keeping theirradar equipment maintained and calibrated?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What rules or regulations should a police department abide by in regards to keeping theirradar equipment maintained and calibrated?
I.E. how often should that be done?
Asked on September 27, 2010 under General Practice, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There are no hard and fast rules. If you have been stopped for speeding and believe it was in error, you can, of course, attempt (if you go to trial) to show that the equipment was defective, not maintained property, not used properly. This, however, could be very difficult and expensive, as it would involve getting manufacturer-data and maintenance recommendations, having the specific radar equipment analyzed by a professional engineer, going over the training and procedures of the police, etc. I believe that very few people have ever won by challenging the radar gun.
Gettinig back to your question: it needs to be accurate and used correctly. IF it can be shown that was not the case, then that could throw out the ticket. If it is shown to be accurate, no one will much care about the exact maintenance schedule.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.