Virginia has a law that Radar Detectors are illegal. I was driving through Va, put my detector on the seat next to me and still got stopped by the Va police. The officer asked for license, registration and radar detector!!

1. How did he know I had one in the car? (it was on the seat)

2. Is the law in VA not allowing one valid? Has anyone ever challenged this law as unconstitutional?

Thanks for the help.

PS. The officer was nice and gave me back the detector. Apparently the law says they can keep it as evidence!

 

[QUOTE]Originally posted by golfnut311
[B]Virginia has a law that Radar Detectors are illegal.

 

Radar detectors are illegal in VA and DC, and other states are considering such legislation (at least to some degree).

You can have one in your possession while passing through, but in order to avoid a ticket for it, it needs to be in a nonaccessible location, such as the trunk or perhaps locked in the glove box.

They can seize your detector for evidence, but rarely do anymore. Apparently a lot of those from out of state got pretty pissed off, so the cops were told to tone it down. I've heard stories where cops would destroy it on the spot, but that might be more urban legend since they'd need it for evidence in court (else you'd say, "I only had a smashed detector, no way it was functional!").

What constitutional grounds are you thinking? As for the nonuse, I doubt you have a chance, given the right of states to regulate through the police power. As for the taking of the detector, you get it back, so there's no permanent deprivation of property.

Note that the fine and insurance effects for a detector are generally less than for a speeding ticket (fine definitely, and my own insurance doesn't penalize me at all if I got a ticket for illegal use of a detector, but other insurance companies might). However, you could get a ticket for both, with the obvious additive results of the penalties.

(Any statement made herein does not constitute legal advice, and you should consult an attorney regarding the specific facts of your situation.)

 

Gotta love Virginia's troopers. I think the regulation here is your radar detector can not have an accessible power source. If the cop caught you with the radar detector though, I figure you had it plugged in and he picked up on it. Good luck sorting that out... Virginia's not the friendliest place to deal with the cops.

- Sal

 

I've never understood the reasoning behind such laws. Several years ago I think someone tested this in court and won due to the fact that the detector is no different than your radio; just a passive receiver of electromagnetic radiation.

 

One more reason to go with the Valentine One - I don't remember the source but as I recall its one of the best in terms of "leakage" which is what VG-2 keys off of.

I drive in DC/VA all the time, always have the V1 on and have never been pulled over.

 

Do a search for VG-2 to learn all about radar detector detectors ... and how states like Virgnia use them ... here's an example (and a reason why outlawing detectors is illegal) ... http://electricave.hypermart.net/categorie...-2%20protection

I've heard stories (friend of a friend, etc) of people being pulled over simply for having a radar detector visible ... I always chalked it up to Urban Legend but ya never know ... one popular one around here is that the police monitor the cameras at the Dulles Toll Road plaza and then pull over people with radar detectors. Always sounded like a bunch of BS to me ... but I'd be very interested in whether your detector was actually on or whether you were just pulled for having it visible.

Have fun,
Derek

 

Thanks for the replys. Yes, the detector was turned on. It is the type that also detects emergency vehicles if they have the certain type of band width being transmitted, so for that reason I'm wondering how the state can make them illegal.

I just wanted to know what emergency vehicles were in the area so I could stay out of their way.

The ticket and fine don't bother me that much. The fine is $80.00 and no points on my license, and insurance won't be affected. That's not the point.

It is a receiving device, similar to getting TV transmissions via sattelite. If HBO doesn't want me to view their stuff without paying, then they have to scramble it. Same thing should apply to the police. If they don't want me to receive their radar signals, then either scramble it or do what most other states do: Instant on or Laser radar.

I use the detector all the time in NJ but it really doesn't do any good at all as for detecting the police as every time the detector has gone off, I could see the police and they used Instant On. If I had been speeding, I would have been nailed, detector or not.

I think VA uses this law to make more money from out of state folks who have detectors that are legal in their states.

I'm trying not to complain but state my case. I just think it is a stupid law. Next their going to outlaw the HID lights we all have and we will have to go around VA at night! Oh well.

Thanks again for your replies. I think I'll just pay this one and keep looking into it in the mean time.

And for those that are curious, no, I did not get a speeding ticket as well. Wasn't speeding and rarely do. Please note the word rarely, for those that might want to call me a liar

 

>It is the type that also detects emergency vehicles if they have the certain type of band width being transmitted, so for that reason I'm wondering how the state can make them illegal.

They can make lots of things illegal without justifying it. Thats our gov't.

>If HBO doesn't want me to view their stuff without paying, then they have to scramble it.

Wow, do you really think that way? That is, if HBO could be received without a descrambler that it would ok to watch it if you didnt subscribe? Using the same philosophy, do you think its ok to descramble it without paying HBO (by using a descrambler) since the signal is out there?

What do you think about when the gov't forced all scanner manufacturers to remove the bands that cell phones were on so that people couldnt evesdrop on analog calls?

Note: I'm not trying to sound holier than tho, as I illegal use a detector in VA and have had 'friends' that have used illegal cable descrmablers in the past, but at no time did I think that the govt wasnt within their rights to ban detectors and cable descramblers.

 

Winter,

Interesting point about using a descrambler so I don't have to pay. Never thought of it that way. I guess it really is the same thing. Using your analogy, I should think that I could use a descrambler and not pay HBO for the service, but I don't. Since they scramble it, I pay for it (wife LOVES Sopranos).

What I find interesting is that emergency vehicles are being equipped with the units that transmit signals to radar detectors so folks know they are coming, but then the states make the detectors illegal. Makes a whole lot of sense to me.

Again, since most other states have gone to Instant on and Lasar to combat radar detectors with much success (most of the cars I see pulled over for speeding tickets have a detector on the window), why can't VA do the same thing?

Cause they would lose a valuable source of revenue, thats why? Just like a town posting a speed limit lower than they are allowed to, giving out speeding tickets and dismissing any who are smart enough to contest them. The ones who just send in the money keep the coffers filled up and the taxes low.

Oh well. Thanks for the input.