Transportation and Vehicle Safety: State Troopers - radar enforcement procedure, radar devices, hill slope

Question
Mr Godchaux, thank you in advance for taking the time to answer my question regarding State Troopers and radar detection procedure.

Is it true that before using any type of speed-measuring hardware to check speeds, by law the officer must first witness the violation--speed in this case--and visually estimate the target's speed? And only then can he activate his radar to confirm that estimate?

Researching this topic, I've found officers who have admitted setting up patrol in a static off road position targeting vehicles coming up and over a hill slope with the radar gun already pointing toward oncoming traffic. Assuming that the vehicle is potentially at it's fastest traveling speed before the driver acknowledges the trooper and hits the brakes, the gun is triggered by the trooper for a top speed reading.

My question is, would you consider this method of radar detection against the law and/or against radar enforcement training and certification?

My thoughts are that an officer can pick and choose faster traveling vehicles and citation them, while letting other slower vehicles - still going over the speed limit - go by. Could this be deemed as interpreting the law and not enforcing the law?

I'm looking forward to any response you may have on this topic.
John


Answer
Hello John and welcome to AllExperts!

The short answer to your question is untrue.

Radar is just another tool the officer may use to ensure that drivers comply with the vehicle code which exists in this case to promote and ensure safety. This is done through training/education, adjudication (consequences), and a real and visual reminder that speed is constantly being monitored.

Radar can be used in an unmonitored and fixed place to warn drivers of their speed, actively by a single officer, or in conjunction with a team that is working speed related violations (legal speed trap).

All radar devices have the ability to register ongoing speed, and to trigger notification of a speed at or greater of its target preset.

It is also very common for officers to utilize radar in areas that are known for the greatest number of speed related accidents or reported speed violations that are likely to cause accidents. The officer also will determine where the highest speed will be attained within that area. The analogy you had cited is very common actually.

Our laws are designed to protect lives, ensure safety, and provide for the common justice of its citizens. Some will abide by them out of honor, integrity and values. Others will abide by them to avoid the consequences of fines and penalties. For those who choose not to abide by them, enforcement and adjudication can be the only response to protect its citizens from one another. Enforcement of our laws are certainly not against the law, rather, it is a natural expectation to ensure compliance with them. As a result, training, certification and use of any tool that enforces those laws are not only legal and valid, but also necessary and prudent.

Interpretation of the law is something only judges may do. Police officers are only allowed to enforce the law, and in many cases, are allowed to determine which violations they will enforce and what tools they will use in that regard.

The decision to stop the fastest car out of a group of vehicles violating the speed laws or more than one is only an option. The more important consideration is how to prevent people from engaging in driving practices that cause accidents, injuries and deaths. Speed, inattention and distraction are the top 3 things responsible for accidents.

Personally, I would rather create friendships and relationships over animosity, enmity and hostility. I would rather help people and create a positive experience than being put into a adversarial role of enforcement.

Sadly, over 50% of all police work deals with the results of those who become victim to their own choices, or others becoming victim to them. There comes a point where the only thing that truly makes a difference is active enforcement.

I understand your thoughts and concerns John. Until drivers are willing to do everything they can to protect others, law enforcement must protect the public from them. sadly, when education and training fail to work, enforcement can be the only answer.

I hope I have done my best to answer your question. have a wonderful day!

Terry