Police radar instruments are generally accurate, but if an Atlanta driver believes they were inappropriately or inaccurately issued a citation, a skilled speeding attorney could help find evidence. While speeding tickets are common, they appear on your criminal record and can lead to fines and higher insurance costs. To challenge your citation, you may want to have an advocate on your side.
Speed detection devices can be very accurate, but they must be properly maintained and calibrated. If the authorities failed to care for the device or were inadequately trained in its use, the driver may have a defense.
In this situation, attorneys could look for evidence that the device had not been maintained in compliance with the manufacturer’s recommendations. Alternatively, they could look for an error on the part of the law enforcement officer or agency.
While these circumstances do not apply in the majority of cases, a law enforcement agency sometimes may issue the citation without following the necessary maintenance procedures or calibration requirements. This information can be difficult for a defendant to find alone, so it is important to secure skilled legal counsel as soon as possible if an individual wishes to fight the citation.
Before challenging a speeding citation, the driver should know which pieces of evidence and arguments could be helpful to them, as well as concerns those arguments bring. Common defenses include:
Some defendants may want to challenge the speeding citation by arguing the radar instrument experienced interference, giving an incorrect reading. However, this is not typically a successful challenge to radar device evidence. The challenge typically results in the officer’s testimony as evidence for the reliability of the device and its measurements. For example, if a driver was in a group of speeding cars but was the only one pulled over, the officer could testify that they had used the device to track the driver when they had an adequate vantage point and opportunity to do so. This situation could harm a driver’s challenge, as they might be easily rebutted by the officer’s account.
Operator error in the use of radar devices is not common, and it does not typically come up in traffic cases. However, a defendant could argue the officer was using the device with little experience in issuing citations or using the radar device individually without any direct supervision. In the majority of cases, the officer issuing the citation is able to demonstrate having been properly trained to use the device.
An Atlanta attorney could analyze the specific circumstances of a traffic citation and determine if challenging the radar instrument results is a sound strategy.
If you are facing a speeding violation, you may still be able to put forward a defense in your favor. However, you should not appear in court alone. A qualified attorney familiar with the use of radar instruments in Atlanta speeding cases could help you analyze your case and uncover any evidence useful to help you reach your goals. Call today to get started.