A police radar detector is an instrument that detects whether there is a police officer in the vicinity that is using a radar gun. Radar guns are used to detect speeders on the highway. The whole point of having a radar detector is to avoid being caught by the police for speeding. Radar detectors work by detecting the radio waves emitted from the radar guns. It is illegal to use one of these devices in Virginia, and if someone is charged with the use of a radar detector they should consult with a Richmond speeding ticket lawyer about their defense, and about getting the device back.
People should know that radar is not the only method that law enforcement use to detect speeders, so if someone is using a radar detector in an attempt to not get a speeding ticket, they run the risk of not only getting pulled over for speeding regardless, but they can also get the double fine of having the radar detector on top of the speeding ticket.
It is not illegal for someone to just have a radar detector in their vehicle, but the detector needs to be inaccessible to anybody inside of the vehicle. If someone has a radar detector in their trunk and it is unplugged and turned off, then they are fine. But, if they have it inside of the vehicle where the driver could access it, then that would be illegal.
If someone is driving from another state where it is legal to have them, then they should put the radar detector in their trunk before entering Virginia.
The driver must have their device inaccessible, so even if it is turned off and unplugged, if it is accessible to them—even if it’s not working at the moment—it is still illegal. The best thing to do is put it somewhere where there’s no way that it’s accessible at all, such as your trunk.
The biggest mistakes to avoid with radar detectors have to do with misunderstanding exactly what is illegal. It is okay to have a radar detector in Richmond as long as it is inaccessible. This is the really important part of the statute. If it is accessible, it does not matter if the radar detector is even broken, it is still illegal. It is important to know that the device needs to be in the trunk where the driver and passengers cannot reach it while driving.
The penalty associated with having a police radar detector is just a fine; no demerit points are awarded for having it. The officer is allowed to take the radar detector if he deems that it needs to be used in the trial as evidence. After the trial the officer is supposed to give it back.
A lawyer can help their client understand whether they actually violated the statute and can explain what the statute truly means. The lawyer can help them get the radar detector back if the officer has confiscated it, as long as it is within six months of the last hearing. With the help of an experienced attorney, a person may be able to gain a clearer understanding of the issues they are facing and how to confront them.
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