Long story short, I was a passenger in my car. I am male and reside in Fairfax. The driver, a female, was visiting from Alabama. After a quasi-irrelevant event, I receive a ticket for having an illegal radar detector. Again, I was a passenger and I receive a ticket? The officer inquired as to who owned it, just gave me the ticket. It didn't make sense to me so I decided to fight it in court. After the judge deliberated for about 4 minutes, nose deep in the law book, she ruled against me. I am in the process of appealing. Has anyone ever heard of such, and, any thoughts???? This occured on 66. I remember the detector being under the seat, however the officer stated in court that it was plugged in and in the center console (which doesn't make too much sense). The person operating the vehicle should be accountable for issues arising from use of an illegal radar detector...not the passenger (regardless of who owned the car).

I'm all about radar detectors, but I'm pretty sure that if it's in your car you're responsible for it. I don't think it matters if it's yours or whether or not you're driving.

Not to bore you with details, but here is the VA law;

46.2-1079. Radar detectors; demerit points not to be awarded.

A. 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. It shall be unlawful to use any such device or mechanism on any such motor vehicle on the highways. It shall be unlawful to sell any such device or mechanism in the Commonwealth. However, provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency.

This section shall not be construed to authorize the forfeiture to the Commonwealth of any such device or mechanism. Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with a violation of this section, or at that person's request, and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six months have elapsed from the final date for filing an appeal.

Except as provided in subsection B of this section, the presence of any such prohibited device or mechanism in or on a motor vehicle on the highways of the Commonwealth shall constitute prima facie evidence of the violation of this section. The Commonwealth need not prove that the device or mechanism in question was in an operative condition or being operated.

B. 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.

C. This section shall not apply to motor vehicles owned by the Commonwealth or any political subdivision thereof and used by law-enforcement officers in their official duties, nor to the sale of any such device or mechanism to law-enforcement agencies for use in their official duties.

D. No demerit points shall be awarded by the Commissioner for violations of this section. Any demerit points awarded by the Commissioner prior to July 1, 1992, for any violation of this section shall be rescinded and the driving record of any person awarded demerit points for a violation of this section shall be amended to reflect such rescission.

In Virginia it is possession of a Radar Detector. If you told the cop it was yours..you get charged..

Your appeal is probably going to be a waste of money and time, I am pretty sure the owner of the vehicle is responsible the same way you are accountable for child safety seats. Are you denying that you knew the detector was there, or are you appealing the way the law is written? I would bet that the law reads you are responsible if you knowingly allowed someone to operate your vehicle while using a detector. just like you cannot allow a drunk to operate your car.

That's the thing, agbinva, there were NO questions. The car got towed and during his "search" he found a radar detector. There was never any mention of it until I read the ticket that I received. In court, I stated that the detector belonged to the driver...and it was stated that I was the passenger.

I thought the possession was not illegal but the "operation". I see people on 95 from out of state with their detectors mounted on the windshield frequently.


The cop may be being a deek and claimed it was plugged in and mounted etc. just to rack up more charges on you. Your word against his then and fairly hopeless looking to win on appeal there.

Hmm, I see your point WingNut, but suppose I wasn't there? Do I still receive a ticket merely because I owned the car?

"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"

The driver, female, didn't received a ticket for operating the vehicle while equipped with device. Even in court, the officer testified that it was "plugged in but in the console". This alone should prove that the driver broke the law of operating the vehicle while using a detector. At this point, I already owe 200+ dollars; I'd rather appeal for a few more bucks. What if we were driving someone else's car who wasn't present? Does the officer write a ticket to the owner and mail it to him/her? If the driver decided to speed, can the owner still be held responsible for the the driver's decision to break the law?

This is great site btw...glad I stumbled upon it!

It's not illegal to have a radar detector, it's illegal to USE a radar detector.

B. 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.

Also note you can ask for the detector back.

- when no longer needed, shall be returned to the person charged with a violation of this section, or at that person's request, and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six months have elapsed from the final date for filing an appeal.



Edited 1 time(s). Last edit at 04/01/2009 02:53PM by Lurker..

I have a hard time swallowing that the driver shouldn't be held accountable for using a radar detector...it's the passenger's fault? The driver was a chick and the cop never even questioned who owned it...just gave me a ticket because it was my car...when I'M in the passenger seat!!!

Sorry, I just reread my initial post; it should have read, "the office NEVER inquired as to who owned it"

The officer didn't confiscate the detector. The officer conveniently stated that the RD was plugged in AND in the console area. 1) if it wasn't plugged in, he couldn't give a ticket so he said that it was plugged in 2)by saying it's plugged in, he's validating that the radar detector was in use and it is illegal to OPERATE a vehicle while the RD is in use. I wasn't operating the vehicle.

It looks like the arresting officer is going to say it was mounted/plugged in, what your version is probably is irreleveant.

You may have a case to bitch if 1) You were not a passenger in the car at the time of the impound 2) You would be willing to turn on the driver and allege that she was using the radar detector without your knowledge or permission, maybe you were asleep or passed out etc.

I don't personally think it'd be worth your time or effort, and it'd be kind of lame to blame your lady friend driver, though I've seen cases where husbands or wives will take the bullet for a spouse.

I'd lick the wound and move on.

No longer a lady friend as a result of that incident. She was visiting from out of state and used my car during the week while I was at work. Left me with the ticket for HER radar detector...hence, I'm challenging the ticket issued to me. There are no points associated and it's already a 200+ fine now. I don't mind spending another 60 bucks attempting to prove the truth.

The officer already stated that it wasn't mounted, but just plugged in and in the console.

Lesson learned; when its male vs female, the judicional system assumes the male is guilty...until proven innocent.

No wonder you got a ticket, you sound like a fucking douchebag. Kudos to the cop for seeing through obvious bullshit.

Truth in Advertising; thanks for the thoughtful insight. you can resume reading "the washington blade" now...

silverhawk Wrote:
-------------------------------------------------------
> Truth in Advertising; thanks for the thoughtful
> insight. you can resume reading "the washington
> blade" now...


Spoken like the fucking douchebag you are. I admit I expected this answer from someone who is totally unable to own up and be a man about his mistakes.

ok, Truth, thank you. I will try and be a better person

You are most welcome, have a very nice day.

silverhawk Wrote:
-------------------------------------------------------
> That's the thing, agbinva, there were NO
> questions. The car got towed and during his
> "search" he found a radar detector. There was
> never any mention of it until I read the ticket
> that I received. In court, I stated that the
> detector belonged to the driver...and it was
> stated that I was the passenger.

Hmmm.. Probably too late to bring it up now, but did you consent to a search of the vehicle?

trogdor! Wrote:
-------------------------------------------------------
> silverhawk Wrote:
> --------------------------------------------------
> -----
> > That's the thing, agbinva, there were NO
> > questions. The car got towed and during his
> > "search" he found a radar detector. There was
> > never any mention of it until I read the ticket
> > that I received. In court, I stated that the
> > detector belonged to the driver...and it was
> > stated that I was the passenger.
>
> Hmmm.. Probably too late to bring it up now, but
> did you consent to a search of the vehicle?


He stated that it was discovered during a search because the vehicle was being towed. This is called an inventory search and does not require consent.

My spidey sense is on full alert here.

I have a suspicion that Silverhawk was probably drunk, which is why he was the passenger in his own vehicle. The girl from Alabama was probably also drunk or had a suspended license, which is why the car was towed in the first place.

Also, the radar detector does not have to be plugged in, just easily accessible to a power source, which in a sedan is just about anywhere in the passenger compartment...think arms reach here.

So Silverhawk, why was the car towed? Give us some more details. Am I close?

>
> He stated that it was discovered during a search
> because the vehicle was being towed. This is
> called an inventory search and does not require
> consent.
>
> My spidey sense is on full alert here.
>
> I have a suspicion that Silverhawk was probably
> drunk, which is why he was the passenger in his
> own vehicle. The girl from Alabama was probably
> also drunk or had a suspended license, which is
> why the car was towed in the first place.
>
> Also, the radar detector does not have to be
> plugged in, just easily accessible to a power
> source, which in a sedan is just about anywhere in
> the passenger compartment...think arms reach
> here.
>
> So Silverhawk, why was the car towed? Give us
> some more details. Am I close?

Interesting "hmmm",
The passenger did receive a Drunk in public ticket and Illegal Radar Detector ticket...not quite sure what tickets, if any, were issue to the driver.

However, my question is who should get the radar detector ticket...the driver or the passenger? It was an inventory search but the driver used the radar detector,operated the vehicle, and brought the radar detector into the car.

I still do not understand why radar detectors are still banned in D.C. and Virginia.

Is it because of issues regarding the military??

Janz Wrote:
-------------------------------------------------------
> I still do not understand why radar detectors are
> still banned in D.C. and Virginia.
>
> Is it because of issues regarding the military??

I doubt that's it, you would expect the law to also apply to Maryland if that was the case with Fort Meade, Andrews, and Camp David all in Maryland.

Janz Wrote:
-------------------------------------------------------
> I still do not understand why radar detectors are
> still banned in D.C. and Virginia.
>
> Is it because of issues regarding the military??



Nope, it's all about revenue.

OP, you should try dying in a fire. Not because you tried to pin it on your friend like a douche bag, but because you failed to pin it on your friend like a douche bag, even though you tried.

You fucking suck, and I hope you're sterile.

--------------------------------------------------------------
13 4826 0948 82695 25847. Yes.

Please post a picture of this girl, naked if possible. I will decide my verdict based on the picture.

Silverhawk-

I think you have a good chance of beating that charge, but here is the issue:

While it is illegal to "operate a vehicle" with a working radar detector, the law also states "It shall be unlawful to use any such device or mechanism on any such motor vehicle on the highways." Which could (in a shady legal sense) pertain to the passenger operating the detector. I would think the best recourse would be to have your attorney subpoena the officer and ask him who was operating the detector and why he issued the summons to you. There is no way the officer could prove that you operated it, unless he saw you move it, turn it off, hide it, etc.. Simple ownership does not suffice for operation.

Good luck.

btw- I think this law is ridiculous, but I also think radar detectors are all but worthless. It is usually too late to help, and FCPD uses LIDAR primarily anyway.