This is the reckless driving by speed provision, which unlike the reckless
driving general rule does not require a showing of “bad” driving behavior. This particular statute was recently changed
to make it easier to charge reckless driving by speed, demonstrating Virginia’s
“get tough” on speeders policy. The only
evidence needed for a conviction of reckless driving by speed under this
Virginia Code provision is the officer’s testimony of the vehicle’s speed. There are several methods an officer may use
in Virginia to determine a
vehicle’s speed to include the use of radar, lidar or
pace. A key to success in challenging a
reckless driving by speed case usually will include a challenge to the
technical aspects of the officer’s use of the radar, lidar or method of pace. The following
scenarios illustrate these three methods of speed determination.
Scenario 1: Radar Cases
Radar use by Virginia law
enforcement is well established and the most common method of determining
vehicle speed. When driving into Virginia
from another state, one of the first signs to appear is the “Radar detectors
are illegal in Virginia”
sign. Virginia
is one of the few states that have outlawed radar detection devices. Under a radar scenario, the officer will most
likely have his vehicle situated in a stationary position in the center median
of a highway or off on the shoulder near an entrance ramp. Under these facts, the officer will be
operating the radar while in stationary mode; the officer can also operate the
radar while in motion. Often times,
depending upon the case specifics, how to approach a radar case will depend on
whether the officer is in a fixed position or in motion.
One inherent weakness of radar is that it typically does not distinguish a
specific vehicle. In other words, radar
transmits a radio frequency which, when passed through, is used to determine
vehicle speed. If multiple vehicles
enter the stream at the same time, it becomes the officer’s challenge to
determine which vehicle is registering a particular speed with the radar
device. For this reason, officers
usually create a visual track history of the vehicle prior to its entry into
the radar stream. However, if the
officer is not paying attention, this may become a weakness to the
prosecution’s case.
As with any mechanical device, after time, its accuracy may become
compromised. Radar is no exception. Virginia
code requires that radars and other speed determination devices have their
accuracy frequently checked to make sure there is no flaw with the device which
may then taint a reckless driving case. A key to challenging a reckless driving by speed case is identifying
flaws in the officer’s procedure or documentation relating to the calibration
of the radar. The documentation provided
by the officer showing the calibration of the radar device can be rather
technical and varies in its format depending upon the law enforcement agency,
for instance state trooper as opposed to a local sheriff’s department.
Scenario 2: Lidar Cases
Lidar or laser technology is a more recent innovation in speed
determination. It is becoming
increasingly more popular in Virginia
as a method of determining vehicle speed and is accepted by Virginia
courts as a valid speed determination device. Unlike radar, laser technology has the benefit to law enforcement as
being vehicle specific. In other words,
in a typical Lidar case, the officer will maintain a fixed position off the
road and will aim the device at a specific vehicle with the assistance of a
viewfinder on the Lidar device. Lidar
then measures the distance of the vehicle from the point of the device through
laser technology and then by using the simple mathematical formula of rate x
time = distance, calculates the speed of the vehicle measured. The Lidar
device will typically show two readings: the vehicle’s speed and the distance
measurement of the vehicle from the device. It is significant to take note of the distance measurement as Lidar’s
accuracy may become compromised at greater distances.
Like radar, Lidar requires frequent checks to make sure it is functioning
properly so as to avoid wrongful convictions in reckless driving cases. While Lidar can be an accurate device, it is
not without its flaws. One of the keys
to success in challenging a Lidar case includes the careful scrutiny of the
documentation provided by the officer showing the devices accuracy. Since Lidar use is more recent in Virginia,
finding legal challenges to Lidar technical documentation may be the key to
success in a Lidar case.
Scenario 3: Pace Cases
Pace cases differ from radar and Lidar cases in that the officer is
determining the target vehicle speed not through a speed determination device,
but rather through the officer’s own speedometer. In this typical scenario, the officer will
usually be operating an unmarked police cruiser and will follow the target
vehicle for a distance of at least 2/10th of a mile. To get an accurate speed reading, the officer
should be behind the target vehicle and maintain equal distance between the
cruiser and the target vehicle. Once
this is accomplished, by looking at the cruiser speedometer, the officer can
determine the target vehicle speed.
While pace cases are accepted in Virginia
courts as a legitimate method of determining vehicle speed, pace cases are more
prone to human error as they rely upon the officer’s ability to multitask and
accurately determine a target vehicle’s speed. Flaws with a pace case may include the officer determining a target
vehicle’s speed while accelerating to catch the target vehicle, conducting the
pace while parallel to the target vehicle as opposed to behind and not
conducting the pace for an adequate distance to obtain an accurate speed reading. Another unique problem with pace cases which
happen more often at night when only headlights are visible is the urge by the
target vehicle driver to increase speed in response to the officer’s close pace
of the vehicle. A natural response to
the sensation of being pushed from behind by another vehicle is to increase
speed, perhaps to create distance to initiate a safe lane change. Often times, the officer will cite the driver
with the fastest speed observed during the pace. A key to success under this scenario will
include careful questioning of the officer regarding the method of the pace and
the officer’s adherence to protocol while conducting the pace.
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