Can we Have the Case Dismissed if the Officer's Calibrations are not in Order?

Typically, yes.

For any speeding or reckless driving by speed case, the officer has to prove that his equipment was calibrated and found to be accurate within the six months prior to the offense. If the officer’s paperwork does not prove that, we have a strong argument to have your case completely dismissed.

The source for this issue comes from the Virginia Code itself under 46.2-882. That statute sets out the requirements for testing speed-detection equipment, and it says “No calibration or testing of such device shall be valid for longer than six months.”

As I have discussed several times before, there are intricate issues that come up with calibration certificates. This is one of the areas where having an experienced attorney really can pay off. It doesn’t happen often, but if you happen to be lucky and have a calibration issue arise, you want someone in the courtroom with you who will be able to spot it and leverage it to your advantage.

Photo by: j.reed

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 600 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.