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
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.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket.
A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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.
Speeding Virginia Radar Accuracy Speedometer Attorneys Henry County
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.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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.
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
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.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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.
Virginia Traffic Ticket Speed Limit Violation Lawyers Rockbridge County
Virginia Traffic Ticket Speed Limit Violation Lawyers Rockbridge County
BLACK v. COMMONWEALTH OF VIRGINIA
Facts:
Defendant was operating his vehicle on Interstate 81 in Rockbridge County. He was stopped by Trooper and was issued a summons for traveling seventy-eight miles per hour in sixty-five miles per hour zone. 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.
Virginia Traffic Ticket Speed Limit Violation Lawyers
Issue:
- Whether the Motion to suppress was properly denied by the lower court?
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. Accordingly this 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.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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
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