Required notice from the Virginia State Bar: CASE RESULTS VARY BASED ON THE FACTS OF EACH CASE. PAST CASES DO NOT GUARANTEE OR PREDICT FUTURE RESULTS.
You’d be amazed at what I see when handling Virginia traffic cases. I’m personally astounded at the lack of diligence exhibited by some attorneys.
A few weeks ago in Stafford General District Court, I was checking over an officer’s calibration certificates for my client’s reckless driving by speed case. An attorney before me had already looked at the certificates, but I always check myself. I can’t believe how many attorneys don’t check the certificates.
In this case, I noticed that the actual date when the tuning fork calibration was performed was close to the 6-month window allowed by 46.2-882. I programmed my custom case management software to show me the correct window at a glance, so I can easily catch things like this. When I noticed the close calibration date, I looked more closely at the dates. And sure enough, the calibration was about a week too old.
By law, that certificate was no longer admissible to prove that the officer’s tuning forks were accurate. Without accurate tuning forks, he couldn’t prove that his radar was accurate on the day in question.
I try to resolve things in an amicable way, so I pointed out the issue to the officer. He didn’t even realize there was a problem, and knowing this officer, I don’t think he had any intent to mislead anyone. The officer agreed to drop my client’s misdemeanor reckless driving charge.
Without closely examining the calibration certificates and carefully checking the dates, my client would have probably been convicted of some type of offense. If your attorney isn’t doing this, he isn’t doing his job.
I’m a big believer in building cordial relationships with officers, prosecutors, and court personnel. But there’s always a way to politely check the evidence to investigate the case while still negotiating the case with the officer.
Photo by Kiwifraiz
Free consultation. Call me: 540.318.5824.
I provide free consultations for traffic tickets and misdemeanors in my area. If I can't help, I'll do my best to connect you with someone who can.
Free book for you
If you want more answers about your reckless driving ticket, grab a free copy of my book. We'll send it right over for free.
My book covers everything from the law to defenses to how to appeal if things go South. And I wrote it all myself, unlike some people who just slap their name on someone else's book.
More about reckless driving...
- Can I Just Mail The Judge A Letter For my Virginia Reckless Driving Case?
- Can I Petition to Have Traffic Fines Reduced Even if the Case is Old?
- I am 17 and got a Ticket. Will my License be Suspended?
- In Virginia, Must You Sign the Ticket the Officer Gives You? Are You Admitting Guilt?
- Out of-State Drivers who Have a Reckless Driving Ticket in Virginia, Beware Hiring an Out-of-State Attorney.
- Is Reckless Driving a Felony?
- The Officer Wrote the Wrong Driver’s License Number, Zip Code and Speed Limit on my Ticket. What Should I do?
- Online Traffic School
- Can Police Run Radar in The Rain?
- Should You go to Driving School Before Virginia Traffic Court?