Speeding Detection Devices

OCGA 40-14-5 provides:

a) Each State, county, municipal, or campus law enforcement officer using a radar device shall test the device for accuracy and record it maintained a result of the theft of beginning and end of each duty tour. Each test shall be made in accordance with the manufacturers recommended procedure. Any radar unit not meeting the manufacturers minimum accuracy requirement shall be removed from service and thereafter shall not be used by the State, county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in code section 40-14-4.

Where a speeding ticket is made based on a radar or laser the state or solicitor should not be able to amendment or very the state proof unless there is a second uniform citation or accusation alleging speeding without reference to a laser or radar.

b) each county, municipal or campus law enforcement officer using a radar device shall notify each person against whom the officer intends to make a case based on the use of the radar device that the person has a right to request the officer to test the radar device for accuracy. The notice shall be given prior to the time the citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the radar device for accuracy. In the event the radar devices not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the radar device shall be removed from service and thereafter shall not be used by the county, municipal or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualified qualifications specified in code section 40-14-4. These provisions do not apply to members to members of the Georgia State Patrol.

OCGA 40-14-7 states that no stationary speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which device is operated is obstructed from the view of approaching motorists or is otherwise not visible for distance of at least 500 feet.

If you are charged with DUI and the basis of the stop is for speeding the DUI can be beaten if it can be shown to the court the speeding infration was improper. Contact a lawyer from the Howard law group immediately to handle your DUI case.

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