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

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.

Photo by: j.reed

Andrew Flusche

My name is Andrew Flusche, and I am a traffic and misdemeanor defense lawyer serving Fredericksburg, Spotsylvania, Stafford, King George, Caroline, and the surrounding communities of Northern Virginia.As the founding partner of Flusche & Fitzgerald, Attorneys at Law, I have focused exclusively on traffic tickets and misdemeanor defense since 2008. I literally wrote the book on reckless driving in Virginia, available free here or on Amazon, and I hold my Juris Doctor from the University of Virginia School of Law. With over 600 five-star reviews on Google, Yelp, and Facebook, and membership in the Fredericksburg Area Bar Association and the Virginia Association of Criminal Defense Lawyers, I bring local knowledge and proven results to every case.If you've been charged with a traffic or misdemeanor offense in Virginia, contact me today. Your initial consultation is always free and you'll speak directly with me.