Do You Have the Right to See the Radar Gun?

Many people think they have the right to see the radar or laser gun when they are stopped for speeding or reckless driving. In Virginia, that’s not correct.

Transcription

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Hello, I’m Andrew Flusche. I talk to a lot of clients and potential clients about their traffic case. And one common thing that people tell me is that they asked to see the radar gun, and the officer said no. I’m here to tell you that question doesn’t help our case much.

First of all, the officer has no legal obligation in Virginia to show you the radar or laser gun they used to determine your speed.

Secondly, even if the officer showed you the device, there’s really nothing to see. The way I understand they work these days is that the radar or laser device displays the speed of the target as it’s going through the beam. But once the traffic stop has already been initiated by the officer, you’re on the side of the road. And the laser or radar device is not going to show anything. There’s nothing in the beam. At most, it might show the speed of passing cars that are going by you, but it’s not going to any longer show your speed.

As you can see, if there’s no legal reason that the officer has to show you the device, and if the device doesn’t really show you anything if you saw it, it’s really not a question that gets us anywhere with your case.

I always encourage people to be cooperative and polite with police officers on the side of the road. Feel free to ask questions. Definitely don’t say anything that can incriminate you, because it will be used against you in court.

But one question that I suggest not to worry about is asking to see the radar device.

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 600 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.

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My special report about driving on suspended explains six critical issues to possibly fight in your case.

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