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do you need to be certified to use a radar gun in the state of Texas?
This dumb parking lot guy at my school is trying to give me a ticket for "speeding" so i was wondering if you have to be qualified to run radar and write tickets, trust me this guys isn't because his whole life is riding around on his shiny red bicycle trying to get people introuble.
is it written somewhere that says he can not do it or that it is illegal in a parking lot, because he was waiting with the radar gun i know that part but i would like to see where it shows its illegal or just not legal so i can present it to the school
- ScottLv 71 decade agoFavorite Answer
Only two states restrict the use of radar speed enforcement systems, i.e. Pennsylvania and Mississippi. In Mississippi under Mississippi Code of 1973, SEC. 63-3-519 county sheriff’s departments may not use radar or laser to enforcement speed limits. Further restriction are made with the code of radar being allowed for local law enforcement officials in cities with a population in excess of 2,000 persons and on college and university campus with student enrollments in excess of 2,000 students. That said, if the parking lot attendant is a duly sworn constable and has taken the proper instruction or is an appointed peace officer he may have the right to do so. If not, then he does not meet the qualifications of a law enforcement official and as such could be liable for impersonation. I would check with the parking lot and the local law enforcement in your area and see if he has "permission and training" for the operation of this equipment. If not, you can probably throw the ticket out. I do recommend not speeding in parking lots. Speed limits within parking lots are generally 5 miles an hour, depending on the situation. Some lots have roads and designated areas of travel and as such actually constitute a lane of travel so your normal road speed limit comes into effect, "in areas that are not signed with additional limits". Good luck.
- Anonymous1 decade ago
If he used a radar gun to get your speed, he has to be qualified. If he paced behind you to get your speed, he does not have to be qualified. Pacing is usually thrown out in court, if you opt to fight it. Just a question though, you say he's a "parking lot guy," were you in a parking lot? You can only get a speeding ticket if you are on a road. Parking lots legally do not have speed limits (you can also disregard stop signs in parking lots too, fyi)
Look up Texas traffic codes 545.351, 545.352 and 545.361. All speed regulations in Texas only apply to public roadways, not private (or private open to the public) parking lots. Throw out the non-relevant advice this clown below me gave you. If he's writing you a ticket for speed, it will have to have the block number, name and designator (i.e. street, drive, blvd, etc.) Parking lots do not have any of those thingsSource(s): Tx Police officer who knows the law
- STEVEN FLv 71 decade ago
Based on your description, I doubt he is authorized to write speeding tickets under ANY circumstances, even if he IS certified to operate the radar gun.