Admissibility of Radar / Laser Evidence in Florida Speeding Ticket Cases
Before an officer can establish your alleged speed in court, the officer must first provide evidence of the following:
- That the speed measuring device used in obtaining evidence of your motor vehicle's speed is of a type approved by the Department of Highway Safety and Motor Vehicles. A complete list of approved speed measuring devices can be found at the link below.
- That the officer has satisfactorily complete the appropriate training course (Radar training course, if case involved the use of radar; Laser Training course, if the case involved the use of a laser),
- That the officer had made an independent visual determination that your vehicle was operating in excess of the applicable speed limit.
- That the officer had written a citation based on evidence obtained from his Radar or Laser when conditions permit the clear assignment of speed to a single vehicle. (How was the weather / traffic density / electromagnetic interference).
- That the Officer was using a Radar which had no automatic speed locks and no audio alarms, unless disconnected or de-activated. This requirement is not applicable to a Laser.
- That the Officer was operating a Radar with audio Doppler engaged. This requirement is not applicable to a Laser.
- That the Officer's speed measurement device met the minimum design requirements as established by Florida Law.
- That the Officer's Radar had been tested according to Rule 15B-2.009, F.A.C., or his Laser tested according to Rule 15B-2.016, F.A.C. (Radar tested within six months of use; Laser tested within six months).
It is also very important that you check your citation for the speed measuring device's serial number so that you can confirm that the Officer's calibration log is for the correct device.
Speeding ticket cases are very complicated in Florida because of all these requirements. Officers will typically read from a script that estabishes all of these requirements and for a Defendant to win, they will normally need to be able to discredit the officer's training, the officer's ability to assign speed to one specific vehicle, or discredit the calibration of the specific speed measurement device used. This is not very easy to do and cross-examining the officer that pulled you over can be an intimidating experience. I would highly recommend that you contact a Florida Traffic Attorney who will fight your ticket on your behalf - You won't even need to appear in court.
Please feel free to contact me for a free consultation for your Tampa Bay traffic case - Attorney David Gilbert (727) 260-5754.