Transportation and Vehicle Safety: Speeding Ticket, radar device, radar gun


Question
I live in South Carolina, and was recently ticketed for 80 mph in a 65 mph zone. I understand radar detectors aren't 100% reliable, but when my radar detector went off, the speed I was going was less than the speed I was ticketed for. I asked the officer to see the radar gun, and he declined my request, nervously stating that "he was not required by law to show me this". I felt as if he was guessing what speed I was going, which is why I made this request, and his decline to allow this proved his guilt to me. Is there a SC law that allows me to see his radar? All in all, I am trying to get out of this ticket...what can I do?

Answer
Hi Chas and welcome to All-Experts!

Firstly, there are many bands that Radar will use, some which are easily detectable to those which are far more difficult for a detector to discern.

Also, depending on the angle of projection and objects in the path between your detector and his gun, it is very possible for the radar to acquire you before you become aware of the radar!

Because officers know the best ways to defeat the best detectors out there, they will intentionally set up their projection point which gives them the best chances of an unwarned hit.

Prior to use, each Radar device must be calibrated and all officers do this religiously, as this is one of the greatest ways to overturn such a case in court. I would bet his was certainly calibrated.

As far as I know, there are no laws requiring the officer to prove to the driver how reliable his methods for observing a violation are. He only has to prove this to the judge.

The reason he didn't want to show you his radar gun was more likely that you would learn it's model number, look up the specs on the Internet, and learn about it's limitations, problems, and significant ways to outwit that unit. Remember, if one officer is using that unit, I'll bet everyone on that department is using the same ones.

More than likely he got you driving at 80, and only after you had slowed down did your unit finally register a hit. This would be consistent with diagonal or perpendicular aim-points to the driving line of travel.

As far as what you can do, if the officer verifies that his unit was calibrated, that no other vehicles were operating near you at a higher speed, and if the officer is credible with no complaints of inappropriate professional conduct, then you will not have much success in challenging the citation.

Check to see if your state offers traffic school as a way to get this off your record and avoid insurance increases. I wish I would offer you more encouraging news. Good luck to you Chas!

Terry