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Can you challenge radar gun evidence?

You know the feeling. You crest a hill on a Connecticut road and start your descent. Unfortunately, you fail to notice the law enforcement officer at the bottom aiming his or her radar gun directly at you. The result? You get a speeding ticket. What now? Should you just pay the darn thing or challenge your alleged traffic offense?

According to FindLaw, you may do well to challenge the radar gun evidence in court. Why? Because radar guns often give inaccurate results.

Calibration and training

A radar gun, like any other sensitive tool, needs regular calibration. Virtually every radar gun manufacturer recommends that officers calibrate these devices prior to each usage. Unfortunately, however, few states and municipalities require such rigorous calibration. Consequently, you and your attorney will need to know when this particular officer calibrated this particular radar gun in relation to when (s)he allegedly caught you speeding.

In addition, accurate calibration requires the use of a tuning fork. Therefore, you and your attorney will need to know if this particular officer actually used one to calibrate this particular radar gun.

Finally, using a radar gun requires more than just a simple point and click. Officers must receive training on how to use these tools. Did this particular officer receive the requisite training?

All in all, some diligent radar gun investigation on the part of your attorney may well result in the judge throwing the evidence out of court and dismissing the charges against you.

This is general educational information and not intended to provide legal advice.

FindLaw Network