Contesting a Maryland Reckless Driving Speeding Ticket with a Device Accuracy Argument
A Maryland reckless driving traffic ticket involves willful and/or wanton disregard for safety, including speeding 30 mph over the limit.
Penalty: 60 days in jail, $1,000 fine, 6 points.
If your Maryland ticket is for exactly 30 mph over the limit, an accuracy challenge may be appropriate.
Leverage Manufacturer Margin of Error – For instance, if you were cited for traveling at 80 mph in a 50 mph zone, you may have been charged with reckless driving. At exactly 30 mph over the speed limit, the accuracy of the device becomes critical to the State’s case. In short, if the device used has an accuracy rating of ± 1 mph, then there may be a reasonable doubt as to your speed. Specifically, it may not be certain that you were moving at the rate necessary to constitute a reckless driving conviction. To wit, a speed of only 29 mph over the limit is merely a payable ticket.
Stalker DSR 2X Radar Device
The Stalker DSR 2X is a popular speed device used by many law enforcement agencies. Stalker specifications rate the device at +1, -2 mph stationary, ±2 mph moving.
This means that if the police vehicle is moving when the Stalker is engaged, and the target vehicle is clocked at 80 mph, then the target vehicle may be traveling at 80 mph. However, the target vehicle could also be traveling at only 78 mph. If the police vehicle is stationary, then the target vehicle may be traveling at 79 mph. Thus, short of a reckless driving threshold. Results are similar with lidar devices – sometimes referred to as laser guns.
What this means as it pertains to a reckless driving charge.
One of the necessary elements of a Maryland reckless driving charge is a speed of 30 mph greater than the posted speed limit. We may now have a reasonable doubt as to whether the defendant was traveling at a speed necessary to warrant a reckless driving conviction. In other words, the vehicle could have been traveling at 79 mph or 78 mph – a speed less than what is necessary.
The burden of proof is on the State.
Once you have established a reasonable doubt as to the true speed, a court could find that the State has not met its burden. Certainly, the defendant may have been speeding. But, it would be difficult for the prosecutor to prove, beyond a reasonable doubt, if they were at the necessary 30 mph over the limit. This could result in an acquittal.
A margin of error argument could open the door for an amendment.
It’s important to note, that this defense does not always work. The State could respond by objecting to the radar operator’s manual being admitted. Or, the officer could testify that the subject vehicle was slowing down when they triggered the radar device. But, casting a doubt on the State’s case may lend itself to a discussion of an amended charge. In other words, the State could change your case to a regular payable traffic ticket.
In summary, receiving a reckless driving citation, where the speed is within the device’s margin of error, may be contestable. You would still need to deal with proper evidentiary procedures such as admitting exhibits. Or, damaging testimony from the State’s witnesses. Of course, this defense would only be appropriate for a speed within the device’s accuracy rating. For instance, an argument of a speed greater than ± 1 mph or ± 2 mph (83 mph in a 50 mph zone) would be moot as it pertains to this specific argument.