A radar detector is a device used to detect if your vehicle’s speed is being monitored by law enforcement using a radar gun. Typically, they are used by drivers so that they can slow down before law enforcement can detect that they were speeding and thus avoid being issued a ticket. The way that they work is that they detect radio waves transmitted by radar guns before the radar guns are close enough to catch an accurate reading.
It is legal to have a radar detector in your vehicle in Virginia if the device has no power source and is not readily accessible for use by the driver or any passenger in the vehicle. What is illegal is a lot narrower than most people think. If you are found to be in possession of a radar detector and are interested in challenging your fine, consult with a Fairfax traffic lawyer today.
People should know that radar detectors do not detect every available method that law enforcement have of detecting a vehicle’s speed. Law enforcement officers also use laser equipment and can pace vehicles as well.
You should not have a radar detector thinking that you can scam the system. They also have radar detector detectors for some varieties of radar detectors. The Commonwealth is prepared for people who illegally have radar detectors and you should know that you are probably not going to get away with it.
The penalty for having a radar detector is a fine. There are no demerit points awarded for those violations. The arresting officer may take the device if needed as evidence, but when it is no longer needed as evidence, the officer should return it to the person charged with the violation.
You should put the radar detector in your trunk. As long as the device has no power and is disconnected and is not accessible for use by anyone inside the vehicle then the mere presence of a radar detector is not enough to charge somebody.
The biggest mistake to avoid with radar detectors in the state of Virginia is to misunderstand the law. It is a mistake to think that you can just unplug the radar detector and be okay. It is also a mistake to believe the radar detector actually has to work. The detector needs to be completely inaccessible to anyone in the vehicle and it has to be turned off and disconnected from any power source. This means that someone could be charged if the detector is turned off but it is in the back seat or they could also be charged if the radar detector is broken but it is still accessible to someone in the vehicle
A lawyer can help you if you are charged with having a radar detector illegally by trying to figure out if what you actually were doing amounted to something illegal under Virginia law. If your radar detector was taken away as evidence, and for some reason the police officer doesn’t give it back after the trial then your lawyer can also help you get it back, as long as it’s within a certain time period after your case, because after six months the state has the authority to have them destroyed.
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