Radar Speeding Tickets
On many of Florida's highways and streets, law enforcement officers will stand will use a radar unit to document the speeds of those they pull over. If you were ticketed with a radar result against you, you may think that you have no possible defense.
A radar reading does not immediately guarantee guilt and conviction. Those faced with a speeding ticket in cities such as West Palm Beach and Ft. Lauderdale can turn to a traffic attorney to fight their charges, regardless of whether a radar unit was used.
Attorneys for Radar Speeding Tickets in Palm Beach County
The attorneys of Meltzer & Bell, P.A. have years of experience in defending clients from across Palm Beach County and Broward County who have been given a speeding ticket that references the use of a radar unit. They know the flaws in the technology and how to fight the ticket against you. With a money back guarantee, they are ready to confidently represent you.
If you've received a radar-enforced ticket in cities such as West Palm Beach. Fort Lauderdale, Boca Raton, Boynton Beach, or Delray Beach, Meltzer & Bell, P.A. can help you. We represent clients on a wide range of violations for traffic violations, speeding tickets, and traffic misdemeanors. Call (561) 515-5834 today to schedule your consultation to discuss your unique situation.
Infomation Center on Radar Enforcement in Florida
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Radar Speeding Tickets in South Florida
For speeding tickets using a radar unit for the speed detection in West Palm Beach, and throughout the rest of the state, Florida Statute Section 943.17(1)(b) allows a presumption of accuracy for an electronic or mechanical speed measuring device only if the officer does the following:
- successfully completes a training program before being allowed to issue excessive speed citations or speeding tickets based on radar;
- brings a copy of the certificate for that training that is signed and to court and present it during the trial;
- present a certificate, signed and witnessed, showing that such speed detection device was tested at least once during each six (6) month period and that such device was working properly;
- the officer must testify that he completed the minimum training which is forty (40) hours of classroom and road training;
- the officer must testify about both internal and external accuracy checks conducted at the beginning and end of each shift (if a citation was issued during that shift);
- internal checks are only accurate if proper numbers appear exactly on the radar readout and it was made according to the manufacturer’s specifications;
- external checks require the use of two certified tuning forks that were certified within the last 6 months.
In many cases, if the officer does not keep a log of both the internal and external calibration tests on the radar machine then the readings are not admissible at trial. See e.g., Bean v. State, 5 Fla. L. W. Supp. 195a (Fla. 7 Cir., Flagler County, 1997).
Florida Administrative Code Chapter 15B-2, sets out the rules law enforcement agencies and their officers when maintaining and using Speed Measuring Devices in the State of Florida.
Evidence of the speed of a vehicle measured by any radar speed measuring device (RSMD), laser speed measuring device (LSMD) or Average Speed Calculator (ASC), is inadmissible unless such evidence is obtained by a law enforcement officer who meets the following requirements for radar:
- the operators must have satisfactorily completed the RSMD training course or speed measurement device (SMD) course established by the Criminal Justice Standards and Training Commission pursuant to Florida Statute §943.17 (Basic recruit, advanced, and career development training programs; participation; cost; evaluation).
The approval requirements can be found in FAC 15B-2.007 which provides that all speed measuring devices used to obtain evidence of motor vehicle speeds used in be approved by the Department of Highway Safety and Motor Vehicles prior to their use.
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Proper Operation of Speed Measuring Radar Device Required
Under Florida Statute Section 316.1906(2), the proper operation of the speed measuring device for either a mechanical or electronic device requires the following showing:
- an individual speed determination;
- no auto speed locks or auto alarms are allowed on the radar device unless they are disconnected;
- the circumstances allowed the clear assignment of speed to one specific vehicle;
- Audio Doppler was engaged; and
- the device met the minimum design criteria of the DHSMV.
The rules for the use of radar as a speed measuring device can be found in FAC RUle 15B-2.009 for testing to determine speed accuracy of doppler radar devices.
All Radar used in Florida shall be subject to periodic bench tests at intervals not to exceed 6 months, to be conducted by an electronic technician who has a Federal Communications Commission, General Radiotelephone Operator License or a certification issued by one of the following organizations:
- Association of Public-Safety Communications Officials-International (APCO);
- Personal Communications Industries Association (PCIA), formerly known as National Association of Business and Educational Radio (NABER); or
- National Association of Radio and Telecommunications Engineers (NARTE).
Only the most recent 6 months test certificate is required in order to establish the presumption available under Florida Statute § 316.1905(3)(b).
Prior to an operator using a radar device for enforcement activity and subsequent to the last enforcement action taken using Radar, but prior to the end of each shift in which the Radar was used the following accuracy checks shall be confirmed:
- An internal accuracy check shall be performed, and the check is passed only if the proper numbers recommended by the manufacturer appear exactly on the radar readout;
- The external tuning fork accuracy check shall be made with certified tuning fork(s) (plus or minus one (1) mile per hour tolerance) meeting the manufacturer's specifications;
- A written log of each internal and external tuning fork accuracy check(s) shall be maintained; and
- When an Average Speed Calculator is installed and used as a separate feature of a Radar, the Average Speed Calculator feature must be certified separately and in addition to the Radar under paragraph 15B-2.008(2).
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Finding an Attorney for Speeding Tickets with Radar in West Palm Beach, FL
You don't have to meekly accept the traffic ticket. No matter the evidence against you, the attorneys of Meltzer & Bell, P.A. know how to fight it and what positive resolutions may be available to you. We have experience in both Broward County's State Attorney's Office and Public Defender's Office, and we are ready to use our knowledge to defend you.
Our attorneys represent clients on speeding tickets using radar as the measuring device throughout West Palm Beach, FL, in Palm Beach County and in Fort Lauderdale in Broward County, FL. Our attorneys also represent clients charged with speeding using other methods including laser and pacing.
Call us today at (561) 515-5834 to set up a consultation that will answer all of your questions.
This article was last updated on Tuesday, May 23, 2017.
