Monday, November 25, 2013

Three Requirements for Radar Admissibility

Everyday unsuspecting travelers from every region of New York State are issued speeding tickets.  These tickets are issued on public roads ranging from major interstate highways to small backcountry roads.  Regardless, the result is the same.  The poor unsuspecting drivers are faced with the conundrum of whether or not to fight the ticket or simply plead guilty and wait for the fine.

It is without fail that at least 2-3 times a week, I meet a driver that wants to fight their ticket based upon an inaccurate radar reading.  While driver’s want to challenge the scientific accuracy of radar, it has become accepted by the courts as being scientific reliable.  That being said, that does not mean that a radar reading cannot be challenged. 

In order for radar to be allowed into evidence, the prosecution must establish three things.  First, the radar device must be scientifically reliable. Second, the radar device must be accurate. Third, an officer that has been trained to properly use the device must operate the radar device.

If you are in traffic court and about to begin a trial, you should keep a mental check list to make sure the prosecution has established these three prongs in their case in chief.


For the most part, local courts in New York have accepted the scientific reliability of a radar device.  As such, the need to subpoena an engineer to lay the foundation of reliability in court is not necessary.


Just because a radar device is accepted to be scientifically reliable, the prosecution still needs to establish that the police officer’s particular radar gun was functioning properly in an accurate manner.  Most officers in New York will test accuracy with a tuning fork prior to starting their patrol.  This tuning fork test has been widely accepted among the judges as an adequate test to suffice for radar accuracy.


Most judges in local court will accept a police officer’s training in the police academy or a training program administered by qualified instructors to suffice for this requirement. 

If you were issued a NY Traffic ticket, give a call at 800-893-9645 to schedule your confidential consultation.

Fines and Surcharges
Our attorneys fight for our clients and attempt to resolve their case with the most favorable possible outcome.  Below is a list of fines associated with some of the most widely issued tickets in the state.   (Fines are subject to change without notice).  Call our lawyers now at 800-893-9645 for a consultation.
First-time speeding offense$45 to $600
One or more speeding tickets
(within eighteen months)
Up to $1,575
Traffic Infraction$100-$300
Disobey a Traffic Signal
Misdemeanor Convictions
(no other penalty provided)
Uninspected Vehicles$25-$200
Unregistered Vehicle or Trailer$25-$200
Equipment Violations of Vehicle or Trailer$0-$100
Surcharges$ varies based on the charge and location

New York Driver Assessment
New York State imposes a Driver Responsibility Assessment (also known as a DRA) for drivers who accumulate six points or more are earned on the driving record.  Call our lawyers now at 800-893-9645 for a consultation.
Six points or more on record$300 one time payment;
or $100 each year for 3 years
Any additional points earned over six points
$25 for each point for 3 years
Refusing to take a breathalyzer test, conviction for alcohol related traffic offense or conviction for drug related traffic offense$250 each year for 3 years