Speed Measuring Mechanism
If you were issued a speeding ticket, the law enforcement officer that issued the speeding citation must present evidence at a hearing on the citation. The evidence required to sustain a citation depends on the type of speed measuring device that was used.
Our speeding ticket attorney fight cases involving Speedometer Based Speeding Devices; Average Speed Calculator (ASC) such as the VASCAR and Kustom Tracker devices throughout Florida.
Attorneys for the Speeding Ticket Trial in Florida
If you were issued a speeding ticket, it is important to hire a traffic ticket attorney who understands the requirements of contesting the citation. The evidence required depends on the type of speed measuring mechanism used by the officer that issued the speeding ticket.
If you received a speeding ticket, then contact an experienced traffic ticket attorney at Meltzer & Bell, P.A..
From our offices in Fort Lauderdale and West Palm Beach, we represent clients with speeding tickets throughout Florida, including in major cities like Miami, West Palm Beach, and Fort Lauderdale, FL, to name a few.
Our attorneys also represent clients with a citation for speeding in Fort Pierce and Port St. Lucie in St. Lucie County, Hobe Sound and the Village of Indiantown in Martin County, FL.
Call (561) 500-5000 today.
Speedometer Based Speeding
The evidence needed to contest a speeding ticket issued based on a speedometer typically requires the following:
- copies of the most recent monthly speedometer calibration certification; and
- the certificate showing that the repair shop is authorized by the Department of Agriculture to conduct speedometer calibration checks.
Pursuant to F.A.C. 15B-2.007 for approval requirements, beginning July 1, 2004, new operators of Average Speed Calculator (ASC) devices must complete the ASC training course or speed measurement device (SMD) course established by the Criminal Justice Standards and Training Commission pursuant to Section 943.17, F.S.
Operators of ASC devices similar to the VASCAR and Kustom Tracker must complete additional clocks using each of their five basic clocking methods. After July 1, 2004, new operators of ASC’s must complete the Speed Measurement Device training course established by the Criminal Justice Standards and Training Commission pursuant to Section 943.17, F.S.
The evidence needed for a speeding ticket issued based off a radar-based speeding measuring device typically requires the following:
- the law enforcement officer's radar speed measuring device (RSMD) course attendant certificate;
- the logs showing the radar instrument was field-tested at the beginning and the end of the shift; and
- the radar instrument's latest six-month certification.
During a hearing on a speeding ticket involving a Radar Device, the officer will testify about the type and model of radar device that was used. The officer must explain whether that particular radar device is a listed and approved model in F.A.C. 15B-2.013. If the device is not approved explicitly in F.A.C. 15B-2.013, the officer must:
- present a Certificate of Approval Form (HSMV 60013) which is available for such radar unit;
- show that the radar unit is listed as an additional radar unit on the Florida Crime Information Center (FCIC) computer system; or
- show that the radar device is listed on the Division of Florida Highway Patrol website.
If the radar device is a newer model, the officer might introduce the certificate of approval into evidence at the trial on the speeding citation.
The officer will testify about whether the radar device was recently calibrated or tested for accuracy. The officer must show that he is certified to operate this type of radar device.
Operators of RSMD's must have satisfactorily completed the RSMD training course or speed measurement device (SMD) course established by the Criminal Justice Standards and Training Commission pursuant to Section 943.17, F.S
Before the officer starts his or her shift, the officer is supposed to conduct certain tests on the radar including conducting an internal accuracy check, and an external tuning fork accuracy checks with certified tuning forks. The officer must also show that the tuning fork is certified. The officer is supposed to repeat these tests on the laser device at the end of the officer's shift and document the results in a written log.
The evidence needed for a speeding ticket issued based off a laser-based speeding measuring device typically requires the following:
- the law enforcement officer's laser speed measuring device (LSMD) course attendance certificate;
- the officer's laser speed measuring device (LSMD) operator's certificate;
- the logs showing instrument was field-tested at the beginning and at the end of the shift;
- the laser instrument's latest six-month certification; and
- the laser instrument's certification from the Department of Highway Safety and Motor Vehicles (DHSMV).
During a hearing on a speeding ticket that used a laser device, the officer will typically testify about the type and model of laser device that was used. In most cases, the laser is a listed and approved model on F.A.C. 15B-2.013(5) for Laser speed measuring devices (LSMD).
F.A.C. 15B-2.013(5) provide that evidence of approved LSMD shall be by a certificate or listing on the FCIC computer, or by a listing on the Division of Florida Highway Patrol website, as set forth in subsection (1) of this rule. In addition, the following LSMDs are approved for use in this State:
(a) Kustom Electronics, Inc., or Kustom Signals, Inc. – Model ProLaser II; Model ProLaser III; Pro-Lite Plus; Model ProLaser 4;
(b) Laser Technology, Inc. – Model Marksman/LTI 20-20, Model Ultralyte LTI 20/20 Lidar, Model Ultralyte 100LR and 200LR, Model Ultralyte LRB; Model LTI 20/20 TruSpeed; Model LTI 20/20 TruSpeed S;
(c) Applied Concepts, Inc. – Model Stalker Lidar; Stalker LR;
(d) Laser Atlanta Optics, Inc. or Laser Atlanta, LLC – Model Speed Laser, Model Speed Laser B Model Speed Laser R, Model Speed Laser S; and,
(e) DragonEye Technology, LLC – Laser Ally.
The officer will testify about whether the laser has been tested for accuracy and certified within six (6) months prior to its use in this case.
The officer will testify about being certified to operate the laser and about completing the Laser Speed Measurement Device (LSMD) Transition Operators Course for Radar Operators, a 12-hour course. Operators of LSMD's must have satisfactorily completed the LSMD training course or speed measurement device (SMD) course established by the Criminal Justice Standards and Training Commission pursuant to Section 943.17, F.S.
The officer must show that before the start of his shift on the date in question, the officer conducted the appropriate tests on the laser including a display check, internal accuracy check, and laser-distance alignment check. The officer is also supposed to repeat these tests on the laser device at the end of your shift and enter the results in a written log.
Experience Related to Speeding Infractions
Officers in speeding ticket cases often cite drivers for speeding and write traffic citations for speeding. Officers used different methods for determining whether or not a car is speeding. For instance, officers are trained to use several different types of speed-measuring devices.
Officers are also trained to estimate a vehicle's rate of speed without using any of those devices. Officers receive training to compare their visual estimates with the actual speed measured on a device.
Officers also complete courses on how to measure speed and issue speeding citations. During that training, these officers receive a certification that they are able to accurately visually estimate the rate of speed that a car is traveling.
This article was last updated on Friday, March 23, 2018.
From left to right: Ari Goldberg, Lawrence Meltzer, Steven Bell, Kristie Cohen, Matthew Shafran
West Palm Beach, FL 33401 (561) 283-3259
330 Clemantis St Suite 113
West Palm Beach, FL 33401 (561) 500-5000
Fort Lauderdale, FL 33316 (954) 716-8538