Using Radar Gun in Georgia

ronaldb · Guest

Hey everyone,
I need a little bit of help. I was taking statistics on speeders in my area when I got a citation from the local popo's, and was told that I was in violation of GA 40-14-10 and that I need to have a license, be certified to use, and maintain logs of my radar calibrations. I told the officer i was using a SPORTS radar gun, the Bushnell Velocity, and no license is required to operate it.. Well to my surprise she still wrote me a ticket and told me to try to win in court. I am trying to find the info on the FCC website but do not have the FCC ID to look it up. Can anyone offer any advice???

Thanks

PS> The fine is $400.00

Ryan_W · Site Admin Joined: 16 Jun 2003 Posts: 276

Hi,

Just because you do not need an FCC license to oprate a radar gun does not mean that you were not in violation of a local law. Based on what you wrote, that is a Georgia law violation and not FCC. I would spend more time researching that specific law, and see how it relates to your specific case.

Here is a link to GA 40-14-10
_________________
Best Regards,

Ryan W.

Forum: http://www.opticsplanet.com/msgboard
Blog: http://blog.opticsplanet.com/
Store: http://www.opticsplanet.net/

Phone: 847-513-6201
Fax: 847-919-3003

ronaldb · Guest

I understand what you wrote, however, there is a conflict in the satute. It reads:

26 "40-14-10.

27 It shall be unlawful for radar speed detection devices to
28 be used in any county or municipality or on any campus for
29 which a permit authorizing such use has not been issued or
30 for which a permit authorizing such use has been suspended
31 or revoked and not reissued. It shall be unlawful for any
32 official of such county, municipality, college, or
33 university to order such radar speed detection devices to
34 be used. It shall be unlawful for any law enforcement
35 officer of any such county, municipality, college, or
36 university to use any such radar speed detection devices.
37 Any such official or law enforcement officer violating
38 this Code section shall be guilty of a misdemeanor."

In Lines 27-31, it is read to indicate that any person using such device without a license is against the law. However, lines 37-38 states that any official or law enforcement officer violating THIS code section shall be guilty. I am not an official, nor a law enforcement officer. I am a private citizen doing personal statistics, and in no way, shape or form am I attempting to impersonate a member of law enforcement or other official. According to line 37-38, I shall not be found guilty of a violation as I am neither an offical nor law enforcement.

Thanks

Ryan_W · Site Admin Joined: 16 Jun 2003 Posts: 276

Hi,

That's exactly why you need to know the law, so you can use it to your advantage. Run it by a lawyer if you need to, or just try it on your own. Either way, make sure you bring a copy of it into the courtroom, cite the relevant information, and be able to prove that it does not apply to you in your situation. Good luck, and let us know the outcome.
_________________
Best Regards,

Ryan W.

Forum: http://www.opticsplanet.com/msgboard
Blog: http://blog.opticsplanet.com/
Store: http://www.opticsplanet.net/

Phone: 847-513-6201
Fax: 847-919-3003

ronaldb · Guest

I will do. My court date is May 5. I am going to speak with a lawyer in the next day or 2. I will try to fight it in City court, if I have no success then I will appeal it to state court. I talked with a gentleman from the Legal Advice Office of the Dept. of Public Safety, and he stated that the statutes of 40-14 are rules and regulations for law enforcement and he does not know of any similar laws that would apply to private citizens of the state. So I am hoping all of this will help me out. I am ready to fight to the death!!!...

Thanks