Speeding Virginia Radar Accuracy Speedometer Attorneys Henry County

Key v. Commonwealth

Facts:

On the date of the offense, an officer tested the accuracy of his radar device using the unit’s self-test mechanism, two tuning forks, and the speedometer of the patrol car. Each method verified that the radar was functioning correctly both before and after defendant was charged with speeding.

Speeding Virginia Radar Accuracy Speedometer Attorneys

Issue:

• Whether accuracy of the radar unit was sufficiently shown?

Discussions:

As evidence at trial that the testing procedures were reliable, the Commonwealth introduced “Certificates of Accuracy” of the tuning forks and a calibration certificate of the speedometer. Defendant was convicted of speeding. He appealed, arguing that because the tuning fork certificates were dated approximately six weeks after his trial, the Commonwealth failed to prove their reliability pursuant to Va. Code Ann. § 46.2-882. The court affirmed, holding that the accuracy of the radar unit was sufficiently shown through the speedometer testing procedure. If tuning fork tests alone were sufficient to convict, the speedometer test was equally efficacious. The requirement of duplicate testing merely suggested that when proof was required, the Commonwealth had to be able to elect between methods of proof according to the evidence available, so proof by a single method would suffice.

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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.