If an officer pulled me over with a miscalibrated radar gun and issued a possession charge, canI get this dropped for lack of probable cause?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If an officer pulled me over with a miscalibrated radar gun and issued a possession charge, canI get this dropped for lack of probable cause?

I was going 46 mph in a 40; he wrote on my warning ticket 58 in a 45. He then found marijuana on a passenger and failed to provide paperwork for the possession for said passenger. If the possession charge goes to court, can it be dropped for lack of probable cause? According to his radar, I was going 12 more than I actually was, and just barely over what he thought was the speed limit.

Asked on January 8, 2012 under Criminal Law, Maryland

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The best answer is not likely.  Radar has been accepted as reliable in most jurisdictions.  So refuting the RADAR or its equipment is very difficult.  To have a shot, you'll have to prove that the RADAR equipment was not properly working and that the officer knew it-- such that when he conducted the traffice stop the officer knew they did not have reasonable suspicion to conduct the stop.  Absent some other evidence, it will just be your word against his-- which can be extremely difficult to prove.  If you only prove that the equipment was defective, but the officer did not know the RADAR equipment was defenctive, then you still won't prevail.  Officers only have to demonstrate reasonable suspicion that a traffic offense was occuring-- not that  it actually occurred.  "Reasonable suspicion" is an even lower burden than "probable cause."  As long as the RADAR provided some indication, along with the officer's training and background, that you were speeding, then the stop will be upheld.  Probably your biggest hurdle, however, is that you admit your were going six miles over.  Once you take the stand and testify to the same, the courts will rule that you were speeding and that the stop was justified.  All the state has to prove is one mile over.  Your admission alone is enough for the prosecution to win at a suppression hearing.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption