Richard Wallace, a retired police officer, reveals potential flaws in police radar calibration practices that could lead to unjust speeding tickets. According to state laws, law enforcement agencies must send their radar units to independent laboratories for annual or semi-annual inspection and certification. This ensures the accuracy of the devices and prevents errors. However, Wallace’s survey of over 150 law enforcement agencies across the United States uncovered alarming inconsistencies.
His survey, conducted in 2003 and 2004, focused on two key questions: how many radar units each department owned, and whether each unit was inspected as required by state law. A follow-up question investigated whether departments presented calibration paperwork in court for radar units different from the one used during the traffic stop.
The survey revealed that a majority (127) of the surveyed agencies possessed radar units that were routinely used without undergoing the mandated inspections. Furthermore, 107 agencies admitted that officers sometimes presented calibration paperwork in court for a radar unit other than the one used when the ticket was issued. Wallace calls this the “bait & switch” of calibration paperwork.
Wallace uses his own experience as an example. His department had six radar units but typically only calibrated one or two annually. When officers appeared in court, they were provided with paperwork for a calibrated unit, even if it wasn’t the one used during the stop. The officers were often unaware of the discrepancy, as months could pass between the stop and the court date. Based on his survey, Wallace concludes that this practice is widespread, potentially leading to many unlawfully issued speeding tickets.
So, how can drivers use this information to fight a speeding ticket? Wallace advises requesting a list of all radar units in the department’s inventory, including their make, model, and serial number, along with corresponding calibration records. Discrepancies between the number of units and the number of calibration records can raise doubt about the accuracy of the radar used to issue the ticket.
By demonstrating that the department may have used an uncalibrated radar unit, drivers can create reasonable doubt and potentially win a dismissal. Wallace emphasizes the importance of remaining calm, polite, and cooperative during a traffic stop, without admitting guilt. Always appeal a speeding ticket, as fighting back increases the chances of a favorable outcome. If you receive a ticket where radar was used, request all calibration records and consult resources like Wallace’s book, “An Educated Guide to Speeding Tickets – How to Beat & Avoid Them!”, for further guidance. Prepare thoroughly for court, and don’t hesitate to seek expert advice.