Throughout the years, the system of radio detection and ranging (RADAR) has been used to measure the speed of vehicles in the United States. However, if you have been caught speeding by the use of such equipment, the prosecution must meet all the factors of a speeding offense in order to be successful against you. Outside of establishing the speed of a car, the police officer must be able to show that: (1) you violated a particular speed law; (2) you, the defendant, were actually driving the car at the time of the offense; and (3) the offense took place on a public road. Furthermore, in cases where RADAR has been used to determine speed, the officer must also be able to correctly identify the violator’s car. If you believe that your vehicle has been incorrectly identified through the use of RADAR, you may want to seek the services of a knowledgeable New Jersey traffic ticket attorney to assist you with arguing your case.
The identification of a car does not consist of simply saying that the vehicle was “a black or dark green Toyota Camry.” In cases relating to the use of RADAR, vehicle identification refers to the equipment operator’s capability of telling which vehicle’s speed registered on the instrument. When dealing with the question of vehicle identification, courts have previously expressed the appropriate procedures to be utilized. First, the officer must show that the car’s speed represented a possible violation through the use of direct visual observation. Next, this estimate is then verified by referring to the speed that is shown on the actual RADAR unit. If the two agree, the officer then has adequate cause to believe the target vehicle is the violator.
Note that the visual estimate is typically considered to be the main evidence, while the RADAR speed reading is considered secondary and supportive evidence. The officer should observe the vehicle for a considerable length of time in order to get a full tracking history before taking enforcement action. If you need a New Jersey traffic ticket attorney, please call Dan Matrafajlo for a free consultation.
