Radar Detectors (coastal, government, religion)

[Kreutz]

Originally Posted by Upsilon

Maybe because some people have bad luck with traffic cops? They can technically pull you over for going 1 mph over the speed limit if they really wanted to.

That should read, "They can technically pull you over for going any speed at all if they really wanted to."

Its just about $.

[sissy77]

radar detectors these days have built in features to warn you of emergency vehicles in the area and also construction ahead .There has been several accidents in VA involving emergency vehicles that have killed firefighters because the fire engines where coming up on blind spots and sharp curves that you cannot know where the vehicles are coming from because of echo's of the sirens coming off the mountains .Here in VA they do not have the money for the special traffic lights .I have driven some really wickedly curved roads here where you can suddenly drive into fog too .I agree that VA is behind times with speed limits and it seems a lot of the police here are out looking for out of staters to ticket .Why not, no fight just money .It is like that in just about every state . I have seen speed limit signs here that go from 55 to 25 for no reason and the signs 50 feet from each other and what is sitting there a cop just waiting I have taken pics and sent them to the governors office and local offices too .Thats why I carry my instant camera where ever I go .Some things here just do not make since .I have been driving for over 30 years and never received a ticket or been in trouble before that time .I drove a commercial van in NJ for 15 years too and not one ticket .I have now bought a gps with features in it that are similar to the radar detector that came out recently and can tell you where emergency vehicles are and road work .I have family who are emergency workers and have seen what happens when people do not pay attention and any warning device that can help an emergency worker or road worker is worth the money ,No one should die or be injured trying to save a life or make roads safer

[Bartholdi]

The sign would conflict with VA law if it only said "Radar detectors are illegal". If you were pulled over and one was found on or in your vehicle whether it was locked up or not, it would imply it was still a violation of law. However, since owning one is not illegal in the state of VA the sign states the "USE OF". As implied by the laws governing radar detectors in the state of VA, owning one is not illegal. In fact, as detailed by § 46.2-1079.....it is not vaguely or broadly written. It does not state the device needs to be locked-up. It does not state it needs to be more than an arms length away. It does state, "It shall be unlawful for any person to operate a motor vehicle on the highways of the Commonwealth when such vehicle is equipped with any device or mechanism, passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism employed by law-enforcement personnel to measure the speed of motor vehicles on the highways of the Commonwealth for law-enforcement purposes."

So if you got pulled over with one still mounted on your vehicle, whether it was on or not....that would constitute a violation. But if your radar detector was unplugged and wasn't battery operated and wasn't mounted to your window or to your vehicle or wasn't operational, you should not be getting a ticket. This is where knowing this information comes in handy. This is where you would need to audio or video record the conversation and what is going on. This is the only way they will ever stop their harassing efforts and making money off of innocent people. Make an example out of them and sell it to the public television stations in the county of where you received the ticket. As soon as they have enough testimonials, I was told the station will run the story. Can't tell you how joyful I will be as soon as the Greenville county police department is made out as a joke like something off of supertroopers.
"A person shall not be guilty of a violation of this section when the device or mechanism in question, at the time of the alleged offense, had no power source and was not readily accessible for use by the driver or any passenger in the vehicle. If your radar detector wasn't mounted in anyway at the time your were pulled over and didn't have a power source. Don't pay the ticket. Fight it. Obviously, if you have to drive a long way like us (400 miles) it might not be worth it. Write a letter to the magistrate of your county asking for a dismissal of the charges based on the blatant disregard of the law and if you have any evidence such as (audio/video- must get the officer to acknowledge it was not mounted and did not have power), send that with. If the judge does not acknowledge this, then they will be deemed just as corrupt as the officers handing out the citations. It doesn't take much to unseat a judge. With that in mind, take this as a warning to all those who are county officials. The privileges bestowed by being a judge are just as easy to revoke and disband as it is to revoke someone's Virginia driving privileges. Government officials are being more an more scrutinized these days for disregard of the law as stated and by acting on their own bias and opinion of what the law should be. It's easier to get driving privileges back than it is to get your job back. P.S. If at any time any LOCAL police department pulls you over on an interstate....call 911 and ask for a state patrol to chaperon. State patrol isn't funded the same way the counties are and thus aren't as...."encouraged" to write citations and County departments will always act...."proper" and "accordingly" when a state trooper is around. Besides, after quite a few calls to request state troopers to chaperon a specific county's interstate behavior, the county might be ....."asked" to dial it down a notch. On a side-note, if you are ever pulled over by an Greenville officer "HOUSE", call the state troopers immediately. This guy doesn't know the law at all and will act spitefully and vindictively and will find any reason or probable cause to search your vehicle. For some reason, he thinks everyone is carrying illegal drugs and he has been reprimanded for this. I would mention how I know all this, but I can't as it would draw suspicion to my current position and possibly jeopardize it. Just do the research. The law might seem twisted and corrupt at times, but the only way to make it better is to fight for what is just and stand up for your rights. Just because the officer tells you, "it needs to be locked-up" or "it must be more than an arms reach away" as they are trained to say.......doesn't mean that is the law. That is just what gets their county the money it needs. Whether it is just or not, it will always be practiced; until they are made an example of and someone gets fired. P.S. Judges have lunch with the lawyers if that tells you who is in who's pocket. Defend yourself, if you can or just threaten you'll make an example out of them for taking money from innocent people to fund their own county. Good Luck!

[pmatthews]

I was stopped because the trooper said he saw it on my windshield(just the mount was on) when I passed, he pulled in back of me and said I pulled it down(was not powered up and was on floor) he then pulled me over and said he saw it on my windshield. I said it was a GPS mounting and I could take it down whenever i wanted. He then asked to search my car which declined as he had no probably cause and he told he we would get a search warrant to search it. With family in car, I just showed it to him and got the unit back and a fine. Could he have gotten a search warrant without cause? Does the fine come with points on the license?

[pmatthews]

Originally Posted by oneasterisk

If the LEO asks to search your vehicle, politely tell him/her "no." It is your right. If he had probably cause he wouldn't ask. Essentially they are fishing to see if they can get you for something.

Well what do you do when you say "no" and he tells you he will hold you hostage there and get a search warrant? Can they do that?

[Bartholdi]

Originally Posted by pmatthews

Well what do you do when you say "no" and he tells you he will hold you hostage there and get a search warrant? Can they do that?

For something like a radar detector, they can't detain you until they receive a search warrant. Normally, a search warrant wouldn't even be served for such an offense. If they have probable cause to search your vehicle for something else, such as a gun. Then, under those circumstances, they can detain you.

In most cases, they won't ask if they can search your vehicle. If they have probable cause, they will ask you to step-out of the vehicle and then search it without asking. If you have an empty radar detector mount on your windshield, that may be enough to warrant such a search if you deny to have a radar detector. However, if they find one, then you run the chances of being charged with much worse offenses. If you had the chance to lock it away, then it doesn't matter. They can't search something that is locked without a search warrant and even with one the law states you can't be charged in violation for possession of a radar detector if it is in a locked compartment.

If you take it to court, I suggest you record the entire traffic stop on video and plan on appealing the county traffic courts decision and requesting the case be moved to a different county for a fair trial. Not sure if that is possible for a traffic citation.

[3StrikesNC]

Just received a $101 ticket for having a radar detector in the car, NOT HOOKED UP, NOT IN USE !!

Was in I-77 heading North. As soon as I crossed the NC/VA line I unplugged it, thought I was being a good, legal citizen. Officer told me otherwise, I was stunned. That's the ONLY citation!

For the rest of my life, unless absolutely required, I will not spend a dime of my money in Virginia.

[Mister Miaugie]

Originally Posted by Waterboy526

Used to be a cop in VA (Live in Raleigh, NC now). They are not illegal to posses, but you have to have them in a LOCKED glove compartment or in the trunk usually. You have to have them out of the drivers reach and obviously can not be turned on.

What is a radar detector?

[Pink Jazz]

I really don't see what is the point of defending radar detectors. Their sole purpose is to break the law without being caught. So please stop defending the indefensible. I am very well in favor of a national ban on radar detectors, as well as greater penalties or owning or even advocating for them.

[CoastalMaineiac]

Originally Posted by Pink Jazz

I really don't see what is the point of defending radar detectors. Their sole purpose is to break the law without being caught. So please stop defending the indefensible. I am very well in favor of a national ban on radar detectors, as well as greater penalties or owning or even advocating for them.

BS. The purpose of a radar detector is to let you know when you are being watched by radar. What you do with that information is up to you.

In America, the right to know when government thugs are watching us ought to be right up there with freedom of the press and freedom of religion!