A reckless driving ticket in Virginia can start with a simple question: How fast were you actually driving? When an officer uses radar, laser or another speed-measuring device, the accuracy of that device can become important. A calibration problem may give you a basis for challenging the speed listed on the ticket.
Virginia law allows courts to accept speed readings from approved devices as prima facie evidence of a vehicle’s speed. However, the law also addresses questions about the calibration and accuracy of those devices.
Why calibration matters in a reckless driving case
Virginia law treats certain speeds as reckless driving. A driver may face a reckless driving charge for traveling at least 20 mph over the speed limit or going faster than 85 mph. The law also prohibits driving at a speed that is too fast for the road and traffic conditions.
That makes the recorded speed important. If an officer says a driver was traveling at 86 mph on Interstate 81 near Harrisonburg, the difference between 84 and 86 mph can affect the charge.
Virginia law requires calibration or testing for radar, laser and other covered speed-measuring devices. That testing generally remains valid for no more than six months. A calibration certificate can show when the testing occurred and who performed it.
Other records may also matter when the officer used a vehicle speedometer. Virginia law allows a sworn report showing the results of a speedometer calibration test to be considered in a case involving an alleged speed violation.
What calibration records may show
Looking at the records connected to the speed reading can help identify issues with the evidence. Depending on the circumstances, those records may show:
- When the radar or laser device was last tested
- Who performed the calibration or testing
- What method was used to test the device
- Whether the testing falls within Virginia’s six-month period
These details do not automatically make a reckless driving charge disappear. Instead, they can raise questions about whether the speed reading accurately reflects how fast you were driving.
A closer look at the speed reading
A calibration issue can become one part of a larger defense. Reviewing the officer’s records, the device used and the circumstances of the traffic stop can help show whether the prosecution can support the alleged speed.
Legal assistance can help you review these records and identify issues that may affect the strength of the speed evidence.
For a driver facing a reckless driving charge in Harrisonburg, checking the accuracy of the speed measurement may provide an important path for challenging the ticket.
