Radar Conviction
What are the three basic prerequisites for a conviction of speeding based on radar? I’m Tulsa Lawyer James Wirth and that is question we are dealing with here and actually comes from a court case in the state of Oklahoma dealing with this issue. It shears the state 1982 OKCR105. So this goes all the way back to 1982 and talking about the evidence of bringing in information from a radar detector to determine speed.
Generally speaking, if you’ve got technology and information or using science, then you would need somebody to come in to testify as to the validity of that and the reliability of that. But here in 1982, the state of Oklahoma, Oklahoma Court of Criminal Appeals, put forth basically the three requirements for that. And they list them as the scientific reliability of radar as a recorder of speed, the accuracy of the particular speed meter used in the given case, the radar in that case, and the proper operation of the radar equipment. So those three things.
The Scientific Reliability of Radar as a Recorder of Speed
For the first thing, it’s talking about generally, is the technology of using radar to determine speed reliable? The court found that most states now agree that the usefulness of radar equipment for testing the speed of vehicles has become so well-established that the testimony of an expert to prove the reliability of the radar is no longer necessary and that judicial knowledge of such fact may be taken by the courts. This means that the court can essentially take judicial notice of the reliability of radar technology.
So for the first step, whether this technology actually works, whether radar is a good measure of speed scientifically speaking, it’s saying that it no longer requires an expert to testify on that issue. The court can take judicial notice or judicial knowledge of that fact, which brings us to the second prerequisite.
The Accuracy of the Particular Radar Unit
The accuracy of the particular radar unit is the second prerequisite for a conviction of speeding based on radar. How do you determine whether that radar unit is accurate? This would require testimony, typically from the officer who used the radar unit. Normally, the officer would come in, talk about his radar unit and how it is calibrated and how it is determined to be reliable.
So the second requirement, the accuracy of the particular radar unit, would require testimony from the officer about how the radar unit is calibrated and tested for accuracy. The court will usually rely on the officer’s testimony regarding the accuracy of the radar unit unless the defense raises a specific challenge to its reliability.
Proper Operation of the Radar Equipment
The third prerequisite for a conviction of speeding based on radar is the proper operation of the radar equipment. This is usually done through the testimony of the officer who operated the radar equipment. The officer would testify about his training and experience in using the radar equipment properly, as well as his actions on the specific date and time when he clocked the defendant’s speed.
So, the proper operation of radar equipment requires the officer to testify about his training and experience in using the radar equipment properly, as well as his actions on the specific date and time of the alleged offense. This is an important factor in determining the validity of the radar reading and ultimately, the conviction for speeding.
Schedule a Low-Cost Initial Strategy Session
If you’re dealing with a speeding ticket and have questions on how to fight that, you’re probably gonna want to talk to an attorney privately and confidentially about that. To schedule that with an attorney in my office, you can go online to makelaweasy.com to set up a low-cost initial strategy session. Don’t hesitate to seek legal advice when facing a speeding ticket.
