Legal Question in Traffic Law in Virginia

Va Code Sec. 46.2-882 Discerning speed with various devices, certificate as to accuracy of device, arrest without warrant prescribes as follows: "In any court or legal proceeding in which any question arises about the calibration accuracy of any laser speed determination device, radar, or microcomputer device as described in this section used to determine the speed of any motor vehicle, a certificate or true copy thereof, showing the calibration or accuracy of (i) the speedometer of any vehicle, (ii)any tuning fork employed in calibrating or testing the radar or other speed determination device or (iii) any other method employed in calibrating or testing any speed determination device, and when and by whom the calibration was made, shall be admissible as evidence of the facts therein stated. No calibration or testing of such device shall be valid for longer than six months."

Based upon the foregoing, you could ask for the admission of the referenced

certificate into evidence during the course of your trial and if it's more

than six months old, then could move for the dismissal of your case.

It should be further noted that the referenced statute apparently imposes

no requirement on law enforcement that the speed determination device used

to ticket an alleged offender be calibrated on the day the offense was allegedly

committed.