Law enforcement claims that traffic radar instruments used in West Palm Beach are as accurate as anything else. However, drivers who are charged with speeding may claim that they are not accurate and do not work.
If you have been pulled over and issued a ticket for speeding in West Palm Beach, you should take the time to speak with one of our Attorneys at Leifert & Leifert if you believe that the device or technique that was used to record your speed was not accurate. Call today to schedule a consultation.
Usual Traffic Radar Issues in West Palm Beach
One common traffic radar issue is radio interference. This occurs when a speed-reading instrument locks onto the wrong object, is blocked, or captures the wrong vehicle. Officers who use these types of devices will testify that the reading is accurate simply because the device says so. However, with the help of an experienced attorney, defendants can look for a technical deficiency in the training, the maintenance or calibration of the device, or if the operator used the instrument incorrectly.
How Common is Operator Error in Radar Gun Cases?
Operator error in the use of radar guns is not common. As an example, a police officer is running radar on a speed trap where the speed limit is 45 miles per hour. The radar device targets a vehicle and gives a result of 65 miles per hour. The officer has the discretion of writing the driver a ticket, but they may reduce the speed on the ticket to give themselves a buffer as a margin of error.
Officers are not required to prove the exact speed that a person was traveling at, they only need to prove the driver was going over the legal limit. As a result, West Palm Beach law enforcement officers only have to testify that they used the calibrated and maintained instrument on that day, used it in the way that they were trained and certified, saw the vehicle, made a visual estimate that the driver was speeding and lastly that the speed measuring device gave a same or similar reading to the visual estimate.
Defending Against Pacing Methods
Pacing occurs when an officer is following directly behind a person and maintains the same distance from the vehicle. In this situation, the officer is not gaining on the vehicle and the driver is not increasing the distance between the two vehicles.
Once they believe the speed is stabilized and both vehicles are going the same speed, they follow the individual for at least a quarter of a mile and look at their calibrated speedometer to determine how fast the driver is going since both vehicles are traveling the same speed.
Defendants looking to challenge this tactic in West Palm Beach could question whether both vehicles were traveling at the same speed. Attention could also be drawn to whether there was an appropriate distance between the two vehicles to calculate the driver’s speed. Challenging the calibration of the speedometer is also sometimes productive.
Call Today to Schedule a Consultation
Speeding tickets are one of the more frustrating and bothersome cases to deal with. Although it may be easier to simply pay off a ticket, drivers should understand that by paying a ticket, they are also pleading guilty, making themselves subject to points being added to their license or having their license suspended or revoked.
If you wish to challenge the accuracy of traffic radar instruments used in West Palm Beach, speak with an attorney to come up with strategies on how to do just that. An experienced lawyer could review the tactics used by law enforcement and help determine if any error could result in a favorable outcome. We always strive to get these citations dismissed whenever possible.