Speeding Virginia Traffic Radar Gun Inaccuracy Lawyers Norton City

Speeding Virginia Traffic Radar Gun Inaccuracy Lawyers Norton City

MIKE V. COMMONWEALTH
Facts:

Defendant was convicted in a bench trial of operating a motor vehicle in excess of the posted speed limit, in violation of Va. Code Ann. § 46.2-870, after being pulled over and charged by an officer using a radar gun. Defendant appealed, arguing his motion to suppress based on alleged inaccuracies of the radar gun should have been allowed and error occurred in the admission of documentary evidence without requiring it to be authenticated. Defendant appealed the Circuit Court of Norton City (Virginia) denial of his motion to suppress evidence of his speed and defendant alleged error in the admission of documentary evidence without requiring it to be authenticated.

Speeding Virginia Traffic Radar Gun Inaccuracy Lawyers Norton City

Speeding Virginia Traffic Radar Gun Inaccuracy Lawyers

Issue:

Whether the defendant’s motion to suppress evidence of his speed and defendant alleged error in the admission of documentary evidence to be authenticated?

Discussion:

The court found the officer’s testing of the radar gun using a tuning fork and speedometer test were sufficient under Va. Code Ann § 46.2-882 to allow in the evidence of defendant’s speed. Consequently, the officer had a reasonable articulable suspicion that defendant was speeding and the evidence was properly admitted. Even though the trial court erred by admitting documents under the official records or business records exceptions, such error was harmless. Defendant’s conviction stood. The court affirmed the conviction, finding the motion to suppress was properly denied because the radar device, which was previously tested for accuracy, indicated defendant was speeding, thus giving the officer probable cause to stop defendant and charge him with speeding. The error in admission of documents was harmless.

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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.