Great Reckless Driving Result in Stafford

I’ve written before about fighting calibration certificates in reckless driving by speed cases. The other day in Stafford General District Court, I had a great opportunity to put that into action.

Required notice from the Virginia State Bar:

NOTE THAT CASE RESULTS DEPEND UPON A VARIETY OF FACTORS THAT ARE UNIQUE TO EACH CASE. PREVIOUS RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN A FUTURE CASE THAT I UNDERTAKE.

My client was charged with reckless driving by speed. I got to court early like usual and talked to the trooper to find out what evidence he had against my client.

The trooper could prove that he clocked my client with his radar gun and that the radar read the alleged speed. However, things looked up when I asked to see his tuning fork calibration certificates.

The officers use tuning forks to check their radar for accuracy each day. Under Virginia Code 46.2-882, they must have a valid certificate dated within the past six months.

In this case, the trooper’s certificate looked proper on its face and was dated within the correct time period. However, it was a xerox copy that was blank on the back.

Why does that matter?

The statute requires the Commonwealth to have “a certificate, or a true copy thereof.” Thus, if the certificate is not an original, it has to be a “true copy.”

That term is defined in Virginia Code 8.01-391(B). That statute requires “… that such copy is authenticated as a true copy either by the custodian of said record or by the person to whom said custodian reports, if they are different, and is accompanied by a certificate that such person does in fact have the custody.”

In other words, the copy itself needs some language on it to verify that it’s actually a copy of the original. Simple, right?

This certificate was just a xerox. It didn’t have any language on it from anyone to indicate that the xerox was a duplicate of the original, where the original was kept, etc.

Without that piece of evidence, the Commonwealth couldn’t prove that the trooper’s radar gun was accurate. The judge dismissed the reckless driving charge.

Definitely a great result, and it’s one that most likely wouldn’t happen without having an experienced traffic attorney in your corner.

Photo by U.S. Pacific Fleet

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.

What's Next?

Get Free Answers

I wrote the book on reckless driving. It’s the most-reviewed Virginia reckless driving resource on Amazon.com.

Get Your Free Copy

I wrote the book on DWI. It’s jam-packed full of answers for your case.

Get Your Free Copy

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

Get Your Free Copy

I wrote the book on reckless driving. It’s the most-reviewed Virginia reckless driving resource on Amazon.com.

Get Your Free Copy

I wrote the book on DWI. It’s jam-packed full of answers for your case.

Get Your Free Copy

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

Get Your Free Copy

CONTACT ME TODAY

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.

540.318.5824

andrew@andrewflusche.com

Contact Andrew