Your Virginia Legal Team

Evidence Used in Fairfax Speeding Ticket Cases

More often than not, the evidence used in Fairfax speeding ticket cases is not beyond human error. When mistakes happen, it is critical that you exercise your rights. Should you not elect to work with a traffic lawyer who could help defend you, you could forfeit your driving privileges and face consequences well-beyond that of a minor infraction.

Tools Officers Use to Collect Evidence of Speeding

Fairfax police officers use three different methods for measuring a person’s speed. The first is what is called a pace, where a police officer drives behind the person that they suspect of speeding. The police officer maintains a consistent distance behind the driver that is at issue and watch their own speedometer. Through this method they are able to determine a driver’s speed.

The second way that Fairfax County police officers measure a person’s speed is using radar, which is a device inside an officer’s vehicle that emits an audible tone when someone is driving near them. The higher the tone the police officer hears, the higher the speed that that individual is going, and it reads out a digital number that gives the officer the speed.

The third way that Fairfax police officers use to measure a person’s speed when they are driving on the roads is what is called LIDAR, and that is a laser device that the Fairfax officer points at a vehicle. The laser measures the distance that that person’s vehicle travels over the time that it took them to travel that distance, and that is how they measure the speed. That LIDAR device provides a digital reading of that person’s speed.

Contesting Speeds

It is often the police officer’s word against the accused when one contests the allegation of a crime or traffic infraction. In speeding cases, the Commonwealth attorney will call an officer to testify about what the individual’s speed was that day. It is up to a criminal defense lawyer to cast doubt or to challenge the officer’s credibility, recollection, or method of measuring the speed.

One could contest an officer’s claim about speed by testifying themselves, by presenting evidence that their vehicle either could not or does not regularly travel that fast, or to simply cast out on the officer’s reliability and their memory.

How Convincing is Radar or LIDAR Evidence in Court?

Often, a radar or LIDAR reading is enough evidence in court to convict someone of going at a specific speed when there is not any evidence presented that rebuts that reading. These readings are only as good as the calibration that is provided. Police officers are required to have their radar or LIDAR device calibrated every six months. If the device had not been calibrated in the last six months, the reading is not considered good enough evidence to convict someone of speeding.

Is Pacing Considered Admissible Evidence?

Pacing is admissible evidence of speeding. However, police officers have to have their speedometer in the cruiser that they are driving regularly calibrated. If their speedometer has not been calibrated in the last six months, that reading could be held inadmissible evidence at trial.

Showing Up in Court

Drivers should always show up to court for a speeding ticket if they want to contest that ticket. There is no way to contest a speeding ticket without showing up to court. If someone is out-of-state or have some other reason why they absolutely cannot go to court for their speeding ticket, they should obtain a lawyer in Fairfax County who could waive their appearance for the first date.

Potential Penalties

In Fairfax, if an individual has been convicted of speeding after going to court, they face a maximum of a $250 fine plus court costs. In addition to being fined, they could be assessed points on their license under the DMVs rules, and those points can come in the form of a six-point violation, a four-point violation or a three-point violation. Collaterally, their insurance company may change their payment or premium based on those points. If an individual receives too many moving violations in a short period of time, the DMV could automatically suspend their license.

Learn More About the Evidence Used in Fairfax Speeding Trials

If you are facing a trial or are attempting to contest a ticket, it is important for you to understand the evidence used in Fairfax speeding ticket cases. Certain aspects of the admitted evidence could be contested as officers are not beyond human error. To learn more about your options, call the office today.

Contact Us

Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.

By submitting your mobile number, you agree to receive text messages from regarding your subscriptions or other industry related information. You can opt-out anytime. Message & data rates may apply. View Mobile Terms. View Privacy Policy.

Copyright 2023 Virginia Criminal Lawyer. All rights reserved. Disclaimer/Privacy Policy