Legal Question in DUI Law in North Carolina
Viewing The Radar Output
There was no DUI, just speeding. There is no field for traffic offence.
While driving in a 55 mph zone, my speed was 60 to 65 mph. Was pulled over and issued a summons for driving 75/55. I asked the officer how he determined my speed, he said by radar. I said I would like to see this because I beleive I was not driving that fast. Officer replied he does not have to show me, handed the ticket to me and left.
1 Answer from Attorneys
Re: Viewing The Radar Output
well, i don't see a question here, but I assume you're asking if what happened is appropriate. As a general matter, I'm not aware that the officer is required to show you the reading. (I have been pulled myself, and was shown the reading. So perhaps that is discretionary.) Anyway, the statute regarding radars says that the radar is only theoretically to corroborate the officer's personal judgment about your speed; it is not supposed to independently determine the speed. Also, the officer has to be trained to use one, which includes I think a test to determine the officer's ability to estimate speed. The main statute is North Carolina General Statute Section 8-50.2. The only advantage or use I can think of for you would be that if you took it to a jury trial in Superior Court, you might be able to cast some doubt on the officer's testimony, for the reason that he would not let you see the reading. As a practical matter, the best thing to do is usually to just get it reduced; the local assistant district attorney may reduce it to 64 in a 55, which is probably the best you can hope for anyway. (this also depends on your history of tickets, as to whether it will affect your insurance rates, so be careful and get an attorney). Good luck.