Traffic Lawyer in Virginia Beach
If you are charged with Reckless Driving in Virginia Beach and the speed was determined by either Radar or Lidar then the officer must have with them a calibration certificate of accuracy for that specific device that was done within 6 months of the offense date in compliance with Virginia Code §46.2-882. The pertinent part of this statute is as follows:
“In any court or legal proceeding in which any question arises about the calibration or accuracy of any laser speed determination device, radar, microcomputer device, or photo speed monitoring device as described in this section used to determine the speed of any motor vehicle, a certificate, or a true copy thereof, showing the calibration or accuracy of (a) the speedometer of any vehicle, (b) any tuning fork employed in calibrating or testing the radar or other speed determination device, or (c) any other method employed in calibrating or testing any laser speed determination device or photo speed monitoring device, and when and by whom the calibration was made, shall be admissible as evidence of the facts therein stated. No calibration or testing of any device other than a photo speed monitoring device shall be valid for longer than six months…”
Therefore, if the officer determined your speed by Radar or Lidar then your lawyer should speak with the officer the day of court before your case is called and make sure that the officer has the correct calibration certificate of accuracy with them; if the officer does not have it with them then your lawyer should motion for your case to be dismissed.