Your Rights to a
Radar Accuracy Test
You would be surprised the
various police equipment actually use during their everyday job
In the state of
Georgia, Georgia law under Georgia code
40-14-5(b) pertinently requires that before a law enforcement
officer issues you a speeding citation, he must first offer to you
to test the
accuracy of his
radar gun at the roadside traffic stop
while you wait.
(b) Each county,
municipal, or campus law enforcement officer using a radar device
shall notify each person against whom the officer intends to
make a case based on the use of the radar device that the person
has a right to request the officer to test the radar device for
accuracy. The notice shall be given prior to the time a citation
and complaint or ticket is issued against the person and, if
requested to make a test, the officer shall test the radar device
Important Exceptions to 40-14-5(B)
section applies only to county, municipal, and
campus / university type law enforcement officers. It does NOT
apply, and let me repeat that because this is very important; it
does NOT apply to state officers as in the Georgia State Patrol
Troopers. The GSP are exempt from this code section and are not
required to offer do this test.
section applies to RADAR guns only. It is not applicable if
an officer used a Laser gun.
section does not provide for you any legal rights to witness this
radar test being performed by the officer. The officer does not
legally have to let you watch him test the radar gun.
requires that all county and city law enforcement officers
ďnotifyĒ you that you have the right to request the officer to
test the radar device for accuracy before issuing you a citation.
This is something that you
EVER want to
do under any circumstances.
Some points to
If the officer
asks if you want the radar device tested, politely decline.
Having this test done canít possibly help your defense in any way.
If the officer
does tests the device, he is NOT required by law to
let you watch the test being performed.
applies to RADAR and NOT laser.
There is a place
on the ticket used by county and city law enforcement officers that
the officer MUST check if you request the RADAR
accuracy test. If it is NOT checked on the ticket, then there is NO
proof the officer properly notified you. He is however legally
required to do so. Though it does NOT say so on the ticket itself,
this applies to RADAR ONLY!
[ ] DRIVER REQUESTED ACCURACY CHECK
Asking for a roadside radar accuracy test is one of the, if not the
biggest mistake, a person can possibly make at a traffic stop. If
you ask for the radar gun to be tested, the officer will go back to
his patrol vehicle, and then shortly thereafter return and announce
to you that the radar gun tested perfectly accurate. He will note
this on the ticket, and will testify to that fact in court. This is
VERY damaging to your case and in no way can possibly help you.
enforcement officers, including the Georgia State Patrol are legally
required to test the accuracy of their radar guns at both the
beginning and ending of their daily shift, or duty tour.
law further requires that these daily radar accuracy tests be
recorded and maintained. That means the results of the daily tests
must be written down in a log and the log maintained. Maintained for
what you might ask? For a possible contested ticket of course.
It has been my
experience thru my research that most officers donít bother with the
daily testing of the radar gun itself, or filling out the daily
radar log, and will NOT have it in court at the time of your trial.
This is an
example of Trial by Ambush. In the 1000+ trials I have
personally witnessed, I have only seen an officer offer up his radar
log into evidence once. The reason they never bother is because they
are lazy, donít care, maybe donít even have it, but most importantly
know that you are ignorant of the law, so they donít bother to waste
their time bringing it. They know they are going to beat you without
it anyway, so why bother with the extra work. This is the key
concept that Trial by Ambush exploits.
There is a clear
theory in law that states ďif a radar device tests as accurate
before an arrest and accurate after an arrest, then in all
probability the unit was functioning accurately at the time of
prefer no testimony of any type of an after arrest
accuracy test having been done. Especially if there is no daily log
to offer into evidence. You do not want this on-site test
done. Donít mention it, donít ask for it,
and if it is
ever offered, politely decline.
The same theory
in law states that if a unit was NOT tested after an arrest, then
there is probable cause to believe the unit may not have been
functioning correctly at the time of arrest.
accuracy radar accuracy test, or lack thereof, is used to bolster
the lack of any testimony that an after accuracy test ever took
that if you request this radar accuracy test to be done, how do you
know the officer even actually does it? He may not even have the
proper tunning forks in his patrol car. You would never know this,
because you are not legally allowed to watch this test being done
nor or you allowed to see the tunning forks. If an officer ever
offers to test his radar guns accuracy for you, donít do it.
You cannot possibly benefit from this.
For what its
worth, radar guns are VERY accurate. During my research I purchased
several radar/laser guns for testing. They are simple to operate as
well. I could teach anyone how to accurately take readings on the
side of the road in less than 10 minutes. Yes, radar guns are
subject to interference, failure and operator error. But the
officers know all that, and rarely does that happen. Or in other
words, the chance the officer will go back to his car, test his
radar gun, come running back to you to let you know his gun is
broken is 0%. He has probably already been using it all day, is
trained to visually by sight to guess the speed of a moving vehicle,
and will be confident the speed measured on his gun relates closely
to ďwhat he has seen visuallyĒ. He would not have stopped you
otherwise. Think about it.
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