My buddy and I were going to visit a friend at school. Maybe going a little fast. HP cought up to me and cited me for 75 in a 60 and actually confiscated my radar detector. Is that even legal? I mean, it wasn’t even working and hadn’t been used for years. I just happened never to remove it. I’m kind of a hoarder I guess. I don’t really care about that but can anyone tell me about the speeding ticket? I don’t need any points and my insurance is already too high!
In the Commonwealth of Virginia, radar detectors are illegal. The specific code section is 46.2-1079. The statute specifically authorizes the seizure of the device for evidentiary purposes.
“Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with a violation of this section, or at that person’s request, and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six months have elapsed from the final date for filing an appeal.”
The code section also says: “[T]he presence of any such prohibited device or mechanism in or on a motor vehicle on the highways of the Commonwealth shall constitute prima facie evidence of the violation of this section. The Commonwealth need not prove that the device or mechanism in question was in an operative condition or being operated.”
There are no separate demerit points for a radar detector violation, but many judges often order the device to be forfeited or destroyed if you are convicted under the code section.
As far as the speeding violation goes, at 75/60, you are looking at a four-point demerit violation and a fine. However, there are a number of things that you can do to potentially avoid a conviction.
- If you have a good driving record, you will want to obtain a copy of your driving record showing such.
- If you have never attended an IN PERSON driver improvement program, you would want to look at doing so prior to your court date. Many jurisdictions look favorably upon attendance of a DMV driver improvement program prior to a court appearance.
- If you have any indication that your speedometer is not reading properly, it is a good idea to obtain a calibration. If your speedometer is not properly calibrated, many courts will reduce the charge to a non-moving violation.
There are a number of things that an attorney can do for you potentially mitigate any points or a conviction.
If you are convicted, there is a likelihood of increased insurance rates for at least 3 years.
