Can we Have the Case Dismissed if the Officer’s Calibrations are not in Order?

published by Andrew Flusche on March 11, 2013

running radar

Typically, yes.

For any speeding or reckless driving by speed case, the officer has to prove that his equipment was calibrated and found to be accurate within the six months prior to the offense. If the officer’s paperwork does not prove that, we have a strong argument to have your case completely dismissed.

The source for this issue comes from the Virginia Code itself under 46.2-882. That statute sets out the requirements for testing speed-detection equipment, and it says “No calibration or testing of such device shall be valid for longer than six months.”

As I have discussed several times before, there are intricate issues that come up with calibration certificates. This is one of the areas where having an experienced attorney really can pay off. It doesn’t happen often, but if you happen to be lucky and have a calibration issue arise, you want someone in the courtroom with you who will be able to spot it and leverage it to your advantage.

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