Radar Guns

[thetruepyromaniak]

Does anyone know how often the PSP must calibrate radar guns. Also if the gun is out of calibration is it grounds to have a speeding ticket thrown out?

[Strapped]

I think it's every day.

[Dave in PA]

I'm sure you'll get an official answer, but I believe they are checked at the start of each shift. Believe it or not, they use a tuning fork to verify the accuracy.

If you got nailed with a radar gun, it has been my experience that you are nailed. If you can, plead not guilty, and show up for court. You may get lucky (25-33% of the time the officer doesn't show up due to scheduling reasons). If it is just a speeding fine and not too excessive, you may ask for leniency if you have an otherwise clean record. You may be able to just pay the fine and get no points.

[thetruepyromaniak]

everything im finding says 60 days by state aproved agency. I got a ticket from one that the gun was calibrated last in JAN. hopeing that it is 60days and i can get it thrown out.

[knight0334]

You'd have to prove its out of calibration. They send them out every 30 or 60 days or so to get sync'd and the calibration certificate will weigh heavily on the officer's behalf. ...been there, done that.

You could assert that the officer wasn't at a full stop when he gun'd you, which would inflate any recording.

If you can prove its out of calibration it could be grounds. ...but you'd have to prove it. Then figure in the variance of speed that is part of PA's law, you're in for an uphill battle if you're trying to fight a ticket.

[thetruepyromaniak]

If you can, plead not guilty, and show up for court. You may get lucky (25-33% of the time the officer doesn't show up due to scheduling reasons). If it is just a speeding fine and not too excessive, you may ask for leniency if you have an otherwise clean record. You may be able to just pay the fine and get no points.

This is my second plan, but if it can be thrown out on a technicalicaty.

[thetruepyromaniak]

You'd have to prove its out of calibration. They send them out every 30 or 60 days or so to get sync'd and the calibration certificate will weigh heavily on the officer's behalf. ...been there, done that.

Even if the calibration is expired?

[RJT]

If I may, how fast is the state ALLEGING that you went and what's it posted? If it's posted under 55 I believe you have to be doin 10 over before they can gun ya

[brassguy]

Here is what your actually looking for. The answer to your question is I don't know but... The approach your taking is a hint in the right direction but the actual plan should be to overwhelm them with discovery requests. There is at least 5 maybe 6 things that you can request from the police. They have to supply all of these items within a very limited time span or it gets thrown out.
Some of these include the calibration of the gun, the calibration of the tuning fork, the certification of the person that calibrated it, the training certificate of the officer to use the gun, the calibration of the cruisers speedometer if he was moving, and some jurisdictions also require a certain number of training hours to properly use the equipment or a certain number of hours per year that needs to be done to continue to be certified with class hours.
There are sites online that will give better info.
If you go to court Don't be a dick, dress professional, and if all else fails claim explosive diarrhea
(I actually sat next to a guy who was fighting eviction wearing a Nascar Hooters tee shirt. I leaned over and told him the judge was a woman. You could see the pucker factor go up a few notches. And yeah, he got evicted.)

[LittleRedToyota]

If I may, how fast is the state ALLEGING that you went and what's it posted? If it's posted under 55 I believe you have to be doin 10 over before they can gun ya

with radar, it is only 5mph even under 55. with something like VASCAR, then it goes to 10mph below 55.

http://www.paticket.com/75_PA_C_S_3368.html

75 Pa. C. S. § 3368. Speed timing devices

(a) SPEEDOMETERS AUTHORIZED.-- The rate of speed of any vehicle may be timed on any highway by a police officer using a motor vehicle equipped with a speedometer In ascertaining the speed of a vehicle by the use of a speedometer, the speed shall be timed for a distance of not less than three-tenths of a mile.

(b) TESTING OF SPEEDOMETERS.-- The department may appoint stations for testing speedometers and may prescribe regulations as to the manner in which the test shall be made Speedometers shall have been tested for accuracy within a period of 60 days prior to the alleged violation A certificate from the station showing that the test was made, the date of the test and the degree of accuracy of the speedometer shall be competent and prima facie evidence of those facts in every proceeding in which a violation of this title is charged.

(c) MECHANICAL, ELECTRICAL AND ELECTRONIC DEVICES AUTHORIZED.--

(1) Except as otherwise provided in this section, the rate of speed of any vehicle may be timed on any highway by a police officer using a mechanical or electrical speed timing device.

(2) Except as otherwise provided in paragraph (3), electronic devices such as radio-microwave devices (commonly referred to as electronic speed meters or radar) may be used only by members of the Pennsylvania State Police.

(3) Electronic devices which calculate speed by measuring elapsed time between measured road surface points by using two sensors and devices which measure and calculate the average speed of a vehicle between any two points may be used by any police officer.

(4) No person may be convicted upon evidence obtained through the use of devices authorized by paragraphs (2) and (3) unless the speed recorded is six or more miles per hour in excess of the legal speed limit. Furthermore, no person may be convicted upon evidence obtained through the use of devices authorized by paragraph (3) in an area where the legal speed limit is less than 55 miles per hour if the speed recorded is less than ten miles per hour in excess of the legal speed limit. This paragraph shall not apply to evidence obtained through the use of devices authorized by paragraph (2) or (3) within a school zone or an active work zone.

(d) CLASSIFICATION, APPROVAL AND TESTING OF MECHANICAL, ELECTRICAL AND ELECTRONIC DEVICES.-- The department may, by regulation, classify specific devices as being mechanical, electrical or electronic All mechanical, electrical or electronic devices shall be of a type approved by the department, which shall appoint stations for calibrating and testing the devices and may prescribe regulations as to the manner in which calibrations and tests shall be made The certification and calibration of electronic devices under subsection (c)(3) shall also include the certification and calibration of all equipment, timing strips and other devices which are actually used with the particular electronic device being certified and calibrated The devices shall have been tested for accuracy within a period of 60 days prior to the alleged violation A certificate from the station showing that the calibration and test were made within the required period, and that the device was accurate, shall be competent and prima facie evidence of those facts in every proceeding in which a violation of this title is charged.

(e) DISTANCE REQUIREMENTS FOR USE OF MECHANICAL, ELECTRICAL AND ELECTRONIC DEVICES.-- Mechanical, electrical or electronic devices may not be used to time the rate of speed of vehicles within 500 feet after a speed limit sign indicating a decrease of speed This limitation on the use of speed timing devices shall not apply to speed limit signs indicating school zones, bridge and elevated structure speed limits, hazardous grade speed limits and work zone speed limits.