The Law Offices of Joseph T Brown PLC

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Speedometer Calibration for Reckless Driving and Speeding Cases

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Speedometer Calibration

In this article I will discuss the following issues regarding speedometer calibration for reckless driving and speeding cases: Should the Speedometer be Calibrated? Where to get a Speedometer Calibration, and how to read a Speedometer Calibration. The following is provided for informational purposes only, and is not legal advice. If you are charged with reckless driving by speed or speeding in the Fredericksburg, Virginia area, call the Law Offices of Joseph T. Brown PLC at 540-786-7700 for a free consultation.

It happens all the time. A person gets pulled over for speeding, the police officer informs them of the speed that they were going, even though the speedometer showed something different.

Car manufactures usually calibrate speedometers to show a speed that is a little higher than the actual speed, to give drivers some margin for error. Federal law allows factory speedometers to read 10% higher or lower than the actual speed (49 CFR 393.82).

https://www.law.cornell.edu/cfr/text/49/393.82

Speedometers can show the wrong speed

There are several factors that can cause a speedometer to show a speed that is incorrect. One major factor is the age of the car, as many times older vehicles with a lot of miles and wear on them will have speedometers that are not as exact as they used to be.

After-market tires and rims can also cause the speedometer to show an incorrect speed. If the wheel diameter is larger than the stock wheels, then the speedometer is going to show a speed that is lower than the actual speed. The difference in speedometer reading for non-stock tires can be calculated here:

http://www.instrumentclusters.com/#!speedometer-calculator/g5w1j

Other factors include tire wear, tire temperature and pressure, and load on the vehicle.

Speedometer Types

There are two basic types of speedometer mechanism, mechanical and electric. Both types are affected by the factors that are described above, especially tire diameter.

Cars older than 30 years or so used a mechanical method of determining speed of the car. A cable was attached to a gear mounted on the transmission, and the cable rotated inside the speedometer housing that created a magnetic field that would pull the speedometer dial to show the speed of the car.

Electrical speedometers, used on most cars on the road today, are controlled by the car’s ECU and measures pulses generated within the transmission by magnets located on the transmission’s output shaft. The car’s computer reads the magnetic field pulses to measure the rotational speed of the driveshaft and determines the speed of the vehicle.

Testing the Speedometer

Before paying for a speedometer calibration, a speedometer can be tested to see if it is not showing the correct speed. This method is not exact, but it can help determine if the car should be put on a dynamometer to be tested.

A measured mile is required. There are mile markers on the interstate highways and on some county roads. This method should only be used if it can be done in a safe manner.

At the beginning of the measured mile, take note of the odometer reading or reset the trip odometer to 0.0. At the end of the measured mile, take note of the odometer reading or the trip odometer reading.

If the odometer shows more than a mile was traveled, then the speedometer is showing a speed that is faster than the actual speed. If the odometer shows less than a mile was traveled, then the speedometer is showing a speed that is slower than the actual speed.

Speedometer Calibration Dynamometer

The best way to show in court that a speedometer is not showing the correct speed is to have a speedometer calibration certificate. Any automotive shop with a chassis dynamometer can test the speedometer and produce a certificate showing the speed that the speedometer displays at actual tire rotation speeds.

Generally speaking, a dynamometer is a device that measures force, torque, or rotational velocity. A chassis, or rolling road dynamometer is a specific type that is used for automobiles for many purposes, including calibrating a speedometer.

https://en.wikipedia.org/wiki/Dynamometer#Chassis_dynamometer_.28rolling_road.29

The chassis dynamometer will rotate and specific speeds, and the speedometer reading is noted at each tested speed, and recorded on the certificate.

How to Read a Speedometer Calibration Certificate

Most courts will allow a speedometer calibration certificate to be presented to the judge without a representative from the automotive shop present to verify that the certificate is authentic. However, before a certificate is presented to the judge, it should be examined closely to determine if it is actually helpful, and not harmful.

The speedometer calibration certificate will show several tested speeds, from 10 mph up to 70 or 80 mph. For each tested speed, the speedometer reading will be displayed.

If the speedometer reading is exactly the same as the tested speed, then the speedometer is working perfectly and the certificate is not helpful to defend a speeding ticket. If the speedometer shows a speed higher than the tested speed, then the certificate is actually harmful to a speeding case, since the driver had reason to believe the vehicle was traveling faster than the actual speed.

A useful speedometer calibration certificate will show a speedometer reading that is slower than the actual tested speed. In most cases the judge will give credit for the error in the speedometer reading, and lower the speed charged by the police by the same amount.

Where to get a speedometer calibration

There are several automotive shops in the Fredericksburg area that have a chassis dynamometer and can test the speedometer and produce a speedometer calibration certificate.

Southern Electronics
http://www.instrumentclusters.com/#!faq/aabrx

Brauning Automotive
http://brauningautomotive.com/performance.html

Burton’s Automotive
http://burtonauto.tripod.com/

Speedometer Testing and Calibration Center, Richmond, VA
http://www.speedotest.com/

Falls Run Car Care Center
540-899-6800
1314 Princess Anne Street
Fredericksburg, VA 22401

M&L Auto Inc.
http://www.mlautoinc.com/contact

Speedometercalibration.net, Sterling, VA
http://www.speedometercalibration.net

The Next Step

If you are charged with reckless driving by speed or speeding in the Fredericksburg, Virginia area, call the Law Offices of Joseph T. Brown PLC at 540-786-7700 for a free consultation. We will discuss your particular case and I will help you identify ways to defend your case and tell you what you can do before trial to give you the best chance to have the ticket dismissed or lowered to help avoid potential jail sentence, loss of license, and help you save money in fines, fees and increased insurance costs.

Photo by Sarah Sphar

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I Have A Reckless Driving Charge – What Now?

Reckless Driving in Virginia

Reckless Driving Charge in Virginia

If you have a Reckless Driving Charge, you should contact a lawyer to discuss your particular case and to learn how your case can be best handled in the courtroom at your trial.  You can call our office at 540-786-7700, my personal cell phone at 540-760-8725 or send us an email to schedule a free consultation for your reckless driving ticket.

Every case is different, and no website can tell you everything that you need to know. This website certainly isn’t intended to tell you how to handle your own case, and isn’t meant as legal advice.

There are several things that are often helpful if you are charged with Reckless Driving. These include the following:

  1. When you are being pulled over, it is always a good idea to be polite and cooperative with the police officer. They is just doing their job, and a big part of that job is to help keep the roads safe. The police don’t have anything against you personally, and it doesn’t cost you anything to smile and to be nice to them. They have no idea what they are going to find when they walk up to a car, and their job can be very risky. Do your best to put them at ease and to make the the stop as pleasant as possible. When you get in the courtroom, if you were polite and cooperative it can help you a great deal. Note that you do not have to ever agree to be searched, or to have your vehicle searched, and you never have to make any statements that could incriminate you. However when you decline an officer’s request for a search or to make statements you can still be polite and treat them with respect.
  2. Keep your hands on the wheel until they are at the window, don’t go digging into your glove box for your registration as soon as you get pulled over. Nothing makes a police officer more nervous than to see a driver reaching around in their car as they walk up. Remember they have no idea what to expect from you, so just relax and don’t make any sudden moves. If it is dark, then it is also a good idea to turn your interior lights on so that they can see that you are not a threat.
  3. If you have an older vehicle, you might want to consider having your speedometer calibrated. This calibration can be performed at any garage with a dynamometer, and is not very expensive. If your speedometer gives a reading that is less than your actual speed, the judge may give you credit for that and lower the speed of your ticket, which could change the offense from Reckless Driving to a simple speeding ticket.
  4. It is often a good idea to take your state’s defensive class, and to bring the certificate of completion with you to court. In Virginia the state recognizes the Defensive Driving Course and the Aggressive or Reckless Driving Course. These courses can help convince the judge that you are taking steps to be a better driver, and can reduce the negative points on your DMV record as well.
  5. You can also get your driving record from DMV for a small fee and bring that with you. The judge is going to want to know if you have been convicted of reckless driving or speeding in the recent past. The police often have your driving record with them in court, but it is always a good idea to have your record and to know what is on it before you appear before the judge. If you live in another state, the police most likely will not have your driving record, and so you should bring a copy with you, especially if you have a good record.
  6. Get a lawyer! Reckless Driving is a serious offense and a lawyer can recognize issues and defenses that may never occur to you. Also, a lawyer is more likely to be able to speak with the police officer about your case and to get information that is important for your trial. A lawyer is always going to handle your case better than you can on your own.

Reckless Driving can have sever and negative impacts on your ability to drive and the cost of your insurance. For extreme cases it can result in heavy fines, license suspension and jail time. If you are charged with Reckless Driving, contact our office today for your free consultation.

Photo by: Eli Christman

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Divorce Cost in Virginia

Potential Costs of Uncontested Divorce. All divorce costs will be explained and approved by the client before the cost is incurred, so there are no surprises when it comes to the costs of the divorce.

1. Basic Uncontested Divorce at a flat rate. Includes filing fee charged by the Clerk of Court – $986.00.
a. This is the typical fee that is incurred for an uncontested divorce, but requires that there are no outstanding property issues that need to be decided or any issues of custody or support that are still undecided, unless they are being addressed by another court (Juvenile and Domestic Relations Court);
2. Property Settlement Agreement.
a. The parties can draft their own, but the enforcement of that document will be limited to the intent of the parties as described in the writing of the document, so people drafting their own agreements should be careful to use simple, exact language that clearly states the agreement of the parties, without ambiguity;
b. Attorney drafted PSA. An attorney at Virginia Divorce Now can draft the PSA, using the following rates:
i. $500 flat fee for simple PSA. This is by far the most typical attorney drafted PSA, however if it is not accepted by the other party, the cost for re-drafting and making changes will be $300 per hour;
ii. Hourly at $300/hour for complicated PSA documents and for negotiating agreements with the other party or their lawyer;
3. Qualified Domestic Relations Orders. These documents must contain language that is specific to the administrator of the retirement or deferred compensation fund, and each company or administrator has their own requirements. Therefore these documents are billed as an hourly fee, which is currently $300/hour due to the amount of research that can be involved;
4. Quitclaim Deeds. Used for the transfer of real estate, these documents can be drafted by an attorney in our office for a flat fee of $300.00 if the client provides all the necessary documentation (available from the office of the Clerk of the Circuit Court where the property is located) for the deed to be drafted. If the client can not obtain that information, then the attorney’s time is billed hourly at $300/hour to obtain the necessary documents and draft the deed;
5. Name Change. A spouse can change their name as part of the divorce, for a reduced filing fee (charged by the clerk) and for an additional flat fee of $200.00;
6. Attorney Fees. If the divorce is expected to be uncontested and the spouse is expected to cooperate, but that doesn’t happen, there could be court appearances, negotiations, document drafting and other legal fees, usually billed at $300/hour although some flat fee rates can be available in some situations. If this situation arises an attorney will discuss your options with you and help you to decide how to proceed.

The following fees can be incurred in a divorce that are not legal fees, but are paid to third parties, depending on the situation.

7. Publication. In cases where location of other spouse is not known:
a. Paid to local newspaper, that is a paper of general circulation in the Commonwealth of Virginia;
b. Generally $300-400, and must run for three weeks;
8. Service of process. Normally in an uncontested divorce the other party will sign a document accepting service of process, and waiving further notice, however if they refuse to do so, the papers must be served on them and could incur the following costs;
a. $12 by sheriff;
b. $40-200 by process server depending on the location and type of service;
9. Incarcerated Spouse. If the other party is incarcerated and does not initiate the divorce or retain counsel of his own, a Guardian Ad Litem must be appointed to represent the incarcerated party. The filing party must pay the costs of the Guardian Ad Litem unless the spouse is incarcerated for an offense against the filing spouse. The costs of a Guardian Ad Litem can be substantial.

Photo by Sharon Mollerus

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Divorce with Children in Virginia

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Divorce can be extremely difficult for children to understand and accept, and parents who live apart and effectively co-parent face unique and sometimes complicated issues. Communication and cooperation between the parents is of the utmost importance because the welfare and well-being of the children will depend on it, and the parents owe it to their children to make their separation and divorce as stress and pain free as possible.

When the parents communicate about the children, potential problems are identified and avoided early on, before a little problem becomes a big one. The parties who successfully co-parent can communicate with each other and make plans and decisions that are in the best interests of the children. The parties need to remember that all children, regardless of divorce, deserve parents who will work together and act in the interests of the children.

Some of the issues regarding the children of the parties that generally arise during a divorce are as follows:

1. Legal Custody. This is usually shared by the parents regardless of which parent the children live with. Parents who share legal custody are supposed to communicate with each other regarding the welfare of the children and make decisions together about the large and important issues in the child’s life;

2. Physical Custody. This term is used to describe the parent that the children will live with the majority of the time. The physical custodian makes decisions about the children that are a routine or day to day nature;

3. Shared Custody. This term is used to describe a situation where the parents share physical custody of the children. This is sometimes done so that the children are with each parent week on and week off, or the week is divided in some manner that works for the parties;

4. Visitation. If one parent has primary physical custody (i.e. not shared) then the other parent will have visitation, usually every other weekend and a mid-week visitation every week that can be a few hours or another overnight. When the visitation parent lives out of state or very far away often the visitation occurs during the entire summer break and during the holiday breaks. Holidays are also divided in some manner in a normal visitation situation;

5. Child Support. In Virginia child support is calculated on child support guidelines based on the monthly gross income of the parties, the costs of medical insurance of the children, the costs of work related daycare expenses of the parents, and any extraordinary conditions that may exist. The Virginia Child Support Guidelines are considered to be presumptively correct however the parties may decide on an amount different from the guidelines based on their own circumstances;

6. Permanence of Child Custody and Support. Child custody and support orders are never permanent, and can be changed by the judge when there is a change of circumstances that is significant from the situation at the time of the previous court order. Additionally, Property Settlement Agreements in Virginia are binding upon the Court and the parties except in the areas of child custody and support. The judge will always consider a prior agreement of the parties regarding these issues, but is not bound by those agreements. The best interests of the child are always the primary consideration in custody cases, and child support is owed to the children buy the parents, and not from the parents to each other. Therefore the Judge and the Court are not bound by agreements of the parents in those areas.

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Divorce Steps & Process in Virginia

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A typical Uncontested Divorce in Virginia can be submitted to the Court for entry of the Final Decree of Divorce in as little as two to three weeks depending on the time it takes for the other party to sign, notarize and return the necessary paperwork. Once the completed divorce is on the judge’s desk, the time it takes for the divorce to be reviewed and signed by the judge varies, but is usually less than two to three weeks. This is in addition to the time it takes to draft the documents and to have them signed, completed and forwarded to the Court, so the typical total time is approximately four to six weeks from start to finish.

The process of obtaining an Uncontested Divorce is as follows:
1. The client must complete the Divorce intake form and provide all of the necessary information required by law to complete the divorce. After the client completes the form, arranges payment and executes a contract to obtain the divorce, the initial documents are drafted;
2. The Complaint for Divorce is drafted and sent to the Clerk of Court of the appropriate court along with a confidential addendum that contains sensitive information about the parties and is kept under seal in the Court’s file. A check for the filing fee is also sent to the Court to open the case;
3. The Court will open a file and will send back a copy of the Complaint with a cover page that is used for service of process;
4. The Final Decree of Divorce is drafted and sent to the other party along with the service copy of the Complaint and a form that states the other party accepts service and waives future notice of the divorce filings. The other party then signs the final decree and signs and notarizes the acceptance/waiver form and returns them to the law office;
5. Affidavits that support the necessary findings for the divorce are drafted and signed in the presence of a notary and under oath. The Affidavits are usually signed by the Plaintiff (Client) and a witness who is over 18 years of age and can testify under oath to certain facts concerning the marriage and that the parties have lived separate and apart for more than 12 months, and that the person has been to the home of the Plaintiff and would have seen evidence of the parties living together if the Defendant was living there;
6. An additional form is prepared by the law office that will later be submitted to the Virginia Bureau of Vital Records to record the divorce;
7. The final decree, vital records form, affidavits and property settlement agreement, if applicable, are then sent to the Court for the judge to review and sign the Final Decree of Divorce, which divorces the parties and ends the case. If there are any issues of custody, visitation or support, they are often remanded to the local Juvenile and Domestic Relations court for future modification and enforcement.

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Our Disclaimer

There are many pages in this website that are devoted to giving information about various topics in the law. This information is not meant to constitute legal advice and should not be considered legal advice for any reason. Anyone faced with a legal problem addressed in the pages of this site should contact the Law Offices of Joseph T. Brown PLC for a consultation.