Radar Detectors in Virginia
While the possession of radar detectors is legal in many states, Virginia is the only state to outright ban radar detectors. It is illegal to possess a radar detector in Virginia and officers have a device that can identify a wide range of radar detection devices. Virginia Code states that “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. . . 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 . . . when no longer needed shall be returned to the person charged.” It is also important to note that this law applies to all roads within the commonwealth of Virginia and not just the state highways.
Understanding the Consequences
It is possible for a law enforcement officer to confiscate your radar detector if it can be used as evidence. All radar detectors would be considered evidence of use simply by their nature. However, regardless of the outcome of the case, the Commonwealth of Virginia must return your radar detector after the conclusion of your case.
If you possess a radar detector, it is best to not use it in the Commonwealth of Virginia; You’ll risk being pulled over, having your radar detector confiscated, and receiving a fine. However, if you find yourself charged with possessing a radar detector, you will need attorneys who have experience in dealing with a wide range of criminal and traffic cases.
Criminal Defense Lawyers
Shannon & Bedois are here to help. We have experience in handling a wide variety of criminal law matters including those with unique factors. We understand that every case presents nuances that we believe are important. Our experience in and out the courtroom makes us a good advocate for our clients. If you need an experienced criminal defense lawyer on your side, don’t hesitate to contact us today.