How to challenge radar gun evidence

May 25, 2017 | speeding tickets

If an Ohio motorist is charged with speeding based on a radar gun reading, that reading may be challenged in court. The law acknowledges that there may be limitations to how accurate a radar gun may be, but successfully challenging a reading may be difficult. In many cases, a radar or LIDAR gun is calibrated before each use to ensure that it is accurate when used.

However, one way to dispute the accuracy of a radar gun’s reading is to point to calibration records. If the device hadn’t been calibrated properly or as frequently as state law requires, the evidence may be inadmissible. It may be a good idea to ask if the tuning fork was used during calibration as it is not possible to properly calibrate a radar gun without using it.

Officers who use a radar or LIDAR gun are usually required to go through a training course prior to doing so. If an officer has not been properly trained, a driver may argue that the reading was flawed because of operator error. It is important to note that no single argument may automatically get a ticket thrown out. However, it may go a long way toward casting doubt on whether a driver was speeding when passing a police officer.

People who are charged with this type of traffic violation have the right to challenge it in court. They may want to have an attorney present to dispute the evidence. For example, the attorneys for those who get speeding tickets may focus on the accuracy of the radar gun used to determine how fast they were going prior to being stopped by authorities. If successful, it may result in the charge being dropped.