Speedometer Calibration For Virginia Reckless Driving Speeding Cases
A “speedometer calibration” tests the accuracy of a vehicle’s speedometer. Depending on the case, speedometer calibration evidence may be helpful in the defense of a reckless driving or speeding ticket case if the vehicle’s speedometer is defective. Virginia Code § 46.2-942 states that “the court shall receive as evidence a sworn report of the results of a calibration test of the accuracy of the speedometer in the motor vehicle operated by the defendant… at the time of the alleged offense.” Properly authenticated calibration test results are admissible in court and the technician who performed the test does not have to be in court. A helpful calibration report will display a lower speedometer speed that the vehicle’s actual speed.
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Sample Speedometer Calibration Report
Defective Speedometer Evidence For Virginia Speeding Ticket
A dynamometer or “dyno” is typically used to measure the accuracy of the speedometer at different speed intervals. As you can see in the sample calibration above, the speedometer calibration report should have two columns: one showing the actual speed of your vehicle and another showing your speedometer’s displayed speed. Mechanics will often test a vehicle at 10 mph increments. This test can be done for digital or analog speedometers. The sworn report should have two signatures: one from the technician performing the test and one from a notary declaring that the mechanic is a real and authentic person. The “witnessed and sworn” language on the sample above states that the mechanic’s signature was witnessed and sworn before the notary.
Speedometer Calibration Is Evidence In A VA Reckless Driving Speeding Case
Properly authenticated speedometer calibration reports are admissible in court and the technician who performed the test does not have to appear in court. The speedometer calibration must be sworn or notarized to be admissible in a Virginia Court. On the other hand, how much “weight” the Judge gives to the calibration is another matter. Some judges give calibrations a lot of weight and some give them almost no weight at all. Some judges like the calibration report to be performed close in time to the date of the traffic stop. Some judges are fine with a scanned copy of the report while other judges want the original report in court. Contact us about your Virginia reckless driving speeding case.
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Super Lawyers is a legal rating service of outstanding lawyers from over seventy practice areas who have attained the highest degree of peer recognition and professional achievement. This organization recognizes the top attorneys nationwide across a variety of practice areas including reckless driving traffic defense using a patented process of research and input. Our Virginia reckless driving lawyers have been recognized by this publication since 2009. No more than five percent of the Virginia lawyers are named to this list and no more than 2.5 percent are named to the Rising Stars list. This recognition is merit based. Retain a Virginia reckless driving attorney who has been recognized with this elite award.
Repairing a Vehicle Speedometer is NOT a Speedometer Calibration
A vehicle speedometer can be off and the driver has no idea. There are various reasons why a speedometer may not be accurate. Vehicle age, wheel size, tire size, etc. Many people falsely believe they can take their vehicle to a repair shop and present the repair bill as a “calibration.” CAUTION: A repair bill is not a speedometer calibration. Repairing your speedometer will likely not assist in the defense of your Virginia reckless driving speeding case. In reality, it is just a repair bill. A replaced speedometer cluster or instrument cluster is not the same thing as a speedometer calibration.
Defective Equipment in Virginia is a No Points Non-Moving Violation
Operating a motor vehicle with a defective speedometer or any type of defective equipment is not a moving violation demerit point offense in Virginia. Va. Code sections 46.2-1080 and 46.2-1003 are the law sections. Presenting evidence of the calibration along with arguing other factors can assist with securing a defective equipment disposition. Sometimes calibration evidence assists us in convincing the prosecution or the court to reduce the reckless driving speeding allegation to a lesser offense or even to a defective equipment disposition. Let us review your case. We can help!
2/16/2022 | Updated 9/8/2024