Speeding Stafford Virginia Lawyer Calibration Certificate Vehicle Accuracy

Speeding Stafford Virginia Lawyer Calibration Certificate Vehicle Accuracy

Commonwealth v. Frazer
Facts:

Defendant filed a motion to strike a certificate of calibration of a police vehicle, and objected to the absence of a certificate of calibration of the radar unit in the prosecution of him for speeding.

Speeding Stafford Virginia Lawyer Calibration Certificate Vehicle Accuracy

Speeding Stafford Virginia Lawyer

Issue:
  • Whether the proof of the accuracy of a speedometer was sufficiently established?
Discussions:

Radar used in the arrest was a unit attached to the officer’s motorcycle and he testified that the radar was checked by tuning fork and against the speedometer of his motorcycle. He also testified that the radar was operating accurately under such tests. Defendant objected to the manner in which the accuracy of the radar was determined, citing noncompliance with Va. Code Ann. § 46.1-198(a1). The court overruled the motion and found defendant guilty of speeding. The court held that § 46.1-198(a1) was not applicable because there could not have been a hearsay objection to the testimony of the officer since he was the only one involved in the accuracy test. The court ruled that the use of a calibration certificate to show the accuracy of the speedometer in the vehicle used by a police officer or a defendant was permitted under Va. Code Ann. § 46.1-193.1. The court determined that the proof of the accuracy of a speedometer was sufficiently established by showing it was checked against a calibrated master speedometer and that it was done. The court concluded that the Commonwealth established the accuracy of the type radar used by the tuning fork and the motorcycle speedometer.

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Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.