Got a ticket for a radar detector in VA

[hyperoptic1982]

So my rx65 pro is unplugged but still hanging a state trooper pulls me over and issues me a ticket. So Im researching the law and I see this "However, provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency. " Now this detector is set up with safety radar so does that mean that because many DOT vehicles, Ambulances, and road signs use the K band to send messages to motorists that I should be able to go to court and get out of the fine? what do you think

[Jestr]

First off...VA doesn’t use any SWS /K band road sign drones that I'm aware of, at least not in the Hampton Roads area, and second; I don't know how they get away w/ taking away rights, that the FCC says we can legally monitor. As for how much the fine will be? Last I heard it was $75.00 and no points. Why did he pull you over? Did he pull you over for the detector, or did he pull you over for something else, and then saw the detector?

[hyperoptic1982]

it was just for the detector (it wasnt even plugged in) the cop just saw the mount and pulled me over. I also have an article that says SWS is in all 50 states and quotes several agencies about its use. I think the argument could be made that when it says any state or federal agency it would apply to any state agency from any state.

[cdnm49]

First off...VA doesn’t use any SWS /K band road sign drones that I'm aware of, at least not in the Hampton Roads area, and second; I don't know how they get away w/ taking away rights, that the FCC says we can legally monitor. As for how much the fine will be? Last I heard it was $75.00 and no points. Why did he pull you over? Did he pull you over for the detector, or did he pull you over for something else, and then saw the detector?

FCC only says that you can listen to radio. Not that you can drive while doing so. Hence, it's perfectly legal to possess and use a radar detector in VA - as long as you're not on any of the state's roads while you're doing that.

It's something like 50-75 + court costs (~50). No points, but it does appear on your record, meaning less likely warnings (assuming you're a va driver).

[Lucky225]

FCC only says that you can listen to radio. Not that you can drive while doing so. Hence, it's perfectly legal to possess and use a radar detector in VA - as long as you're not on any of the state's roads while you're doing that.

It's something like 50-75 + court costs (~50). No points, but it does appear on your record, meaning less likely warnings (assuming you're a va driver).

http://www.radardetector.net/forums/...detectors.html

This guy thinks otherwise, and won a case in VA with prejudice..

[cdnm49]

http://www.radardetector.net/forums/...detectors.html

This guy thinks otherwise, and won a case in VA with prejudice..

I've actually did bother looking up past cases in VA which tried to argue it on FCC pre-emption grounds. All that I've seen lost.

If there is actually something specific that can point to that case, I'd be interested in seeing it. (If I had to guess, assuming the story is true, that is was just a lucky win based on non-prepared prosecution).

[Lucky225]

I've actually did bother looking up past cases in VA which tried to argue it on FCC pre-emption grounds. All that I've seen lost.

If there is actually something specific that can point to that case, I'd be interested in seeing it. (If I had to guess, assuming the story is true, that is was just a lucky win based on non-prepared prosecution).

http://www.radardetector.net/forums/...tml#post435669

Goto that post specifically it has the case info, you can probably contact the court for the decision