Virginia Traffic Ticket Speed Limit Violation Lawyers Rockbridge County
BLACK v. COMMONWEALTH OF VIRGINIA
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.
- Whether the Motion to suppress was properly denied by the lower court?
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.
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Article written by A Sris
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