Radar Detector Question for Virginia
Thread Starter
Instructor
Joined: Jun 2010
Posts: 129
Likes: 11
From: Treasure Coast Florida
Radar Detector Question for Virginia
Yes, I know they are illegal in Virginia. My question is it illegal to even have one in your car? That is can they confiscate it from you if it is in the car and not in use? When I was in Virginia 2 years ago, I was using a Solo so when I took it off of the mirror mount you really could not tell. I am now using a V1 and the mirror tap wire sometimes is visible and the mount surface is larger on the BlendMount.
Last edited by dbletap_ed; Nov 9, 2021 at 01:53 PM.
Advanced
Joined: Nov 2017
Posts: 53
Likes: 5
From: Near Fincastle VA
I’ve gotten, I think, three citations for RD in VA. First one was a visual ID from the Trooper who saw me grab for it. The other two were by radar detector detector device which BTW, do work quite well!
Never had my unit confiscated, no points and fine/costs only. However, each ticket required the officer to hold my detector briefly until it could be verified as functional.
I believe it is possible for an officer to stretch his authority and harass you for the mount. Perhaps ticket you as well, expecting you to pay w/o going to Court or hoping that the Judge ( perhaps his BIL) will actually convict.
Save the risk and remove or disguise tha hardware.
Never had my unit confiscated, no points and fine/costs only. However, each ticket required the officer to hold my detector briefly until it could be verified as functional.
I believe it is possible for an officer to stretch his authority and harass you for the mount. Perhaps ticket you as well, expecting you to pay w/o going to Court or hoping that the Judge ( perhaps his BIL) will actually convict.
Save the risk and remove or disguise tha hardware.
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As on military bases, its fine to own and have in the car, but illegal to use. So if they see it, they can get you. You're supposed to take it down off the mount.
Team Owner
Joined: May 2001
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From: ...tearing up the highways, one state at a time™®©
Yes, I know they are illegal in Virginia. My question is it illegal to even have one in your car? That is can they confiscate it from you if it is in the car and not in use? When I was in Virginia 2 years ago, I was using a Solo so when I took it off of the mirror mount you really could not tell. I am now using a V1 and the mirror tap wire sometimes is visible and the mount surface is larger on the BlendMount.
The whole "confiscate" legend is to hold it as evidence for court, should the citation be challenged. You can get your property back, per the VA Code:
Originally Posted by Virginia Code
§ 46.2-1079 - Radar detectors; demerit points not to be awarded
Radar detectors; demerit points not to be awarded.A. It shall be unlawful for any person to operate a motor vehicle on the highways of the Commonwealth when such vehicle is equipped with any device or mechanism, passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism employed by law-enforcement personnel to measure the speed of motor vehicles on the highways of the Commonwealth for law-enforcement purposes. It shall be unlawful to use any such device or mechanism on any such motor vehicle on the highways. It shall be unlawful to sell any such device or mechanism in the Commonwealth. 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.
This section shall not be construed to authorize the forfeiture to theCommonwealth of any such device or mechanism. Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with a violation of this section, or at that person's request, and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six months have elapsed from the final date for filing an appeal.
Except as provided in subsection B of this section, the presence of any such prohibited device or mechanism in or on a motor vehicle on the highways of the Commonwealth shall constitute prima facie evidence of the violation of this section. The Commonwealth need not prove that the device or mechanism in question was in an operative condition or being operated.
B. A person shall not be guilty of a violation of this section when the device or mechanism in question, at the time of the alleged offense, had no power source and was not readily accessible for use by the driver or any passenger in the vehicle.
C. This section shall not apply to motor vehicles owned by the Commonwealth or any political subdivision thereof and used by law-enforcement officers in their official duties, nor to the sale of any such device or mechanism to law-enforcement agencies for use in their official duties.
D. No demerit points shall be awarded by the Commissioner for violations of this section. Any demerit points awarded by the Commissioner prior to July 1,1992, for any violation of this section shall be rescinded and the driving record of any person awarded demerit points for a violation of this section shall be amended to reflect such rescission.
(1962, c. 125, 46.1-198.1; 1975, c. 108; 1976, c. 90; 1978, cc. 87, 91;1981, c. 303; 1989, c. 727; 1992, c. 825; 1998, c. 300.)
Pro
Joined: Jan 2004
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From: Chester SC
St. Jude Donor '15-'16, '21,'24
“Back in the day”, (mid 80’s to mid 90’s), I made many car trips for work between Pittsburgh and Shelby, NC. A coworker knew I used a radar detector. He warned me about the Virginia law and related his experience. He said his sister while driving in Virginia was pulled over. The trooper asked her for her radar. She handed it to him. He bent down, then stood up. He then asked her if she would like to keep it. Of course she replied affirmatively.
He responded “then put your vehicle in reverse, back up two feet, then put your vehicle in drive and pull forward two feet”. She obliged.
He again bent down then stood up. “Here you are, Mam”.
Her detector was smashed flatter than a pancake!
He responded “then put your vehicle in reverse, back up two feet, then put your vehicle in drive and pull forward two feet”. She obliged.
He again bent down then stood up. “Here you are, Mam”.
Her detector was smashed flatter than a pancake!
Team Owner
Joined: May 2001
Posts: 36,175
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From: ...tearing up the highways, one state at a time™®©
“Back in the day”, (mid 80’s to mid 90’s), I made many car trips for work between Pittsburgh and Shelby, NC. A coworker knew I used a radar detector. He warned me about the Virginia law and related his experience. He said his sister while driving in Virginia was pulled over. The trooper asked her for her radar. She handed it to him. He bent down, then stood up. He then asked her if she would like to keep it. Of course she replied affirmatively.
He responded “then put your vehicle in reverse, back up two feet, then put your vehicle in drive and pull forward two feet”. She obliged.
He again bent down then stood up. “Here you are, Mam”.
Her detector was smashed flatter than a pancake!
He responded “then put your vehicle in reverse, back up two feet, then put your vehicle in drive and pull forward two feet”. She obliged.
He again bent down then stood up. “Here you are, Mam”.
Her detector was smashed flatter than a pancake!
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Drifting
Joined: Nov 2016
Posts: 1,323
Likes: 420
From: Eastern NC
I travel through Va on (rare) occasion, I use a blendmount and mirror tap with a Uniden R3 (invisible to detector detectors) and never had any issues. I can say that there are cops nearly every 3 miles on i-95 tho. lol
Best thing to do is avoid that state unless its necessary to go through it.
Best thing to do is avoid that state unless its necessary to go through it.
Race Director
Joined: May 2006
Posts: 10,936
Likes: 478
From: EAST TENNESSEE
“Back in the day”, (mid 80’s to mid 90’s), I made many car trips for work between Pittsburgh and Shelby, NC. A coworker knew I used a radar detector. He warned me about the Virginia law and related his experience. He said his sister while driving in Virginia was pulled over. The trooper asked her for her radar. She handed it to him. He bent down, then stood up. He then asked her if she would like to keep it. Of course she replied affirmatively.
He responded “then put your vehicle in reverse, back up two feet, then put your vehicle in drive and pull forward two feet”. She obliged.
He again bent down then stood up. “Here you are, Mam”.
Her detector was smashed flatter than a pancake!
He responded “then put your vehicle in reverse, back up two feet, then put your vehicle in drive and pull forward two feet”. She obliged.
He again bent down then stood up. “Here you are, Mam”.
Her detector was smashed flatter than a pancake!
Team Owner
Joined: May 2001
Posts: 36,175
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From: ...tearing up the highways, one state at a time™®©
Clearly, you both need to go back and read Post #5 and then figure what the word "Shall", means, in a court of law. I'll give you a clue - it's a directive, and without exception.
Pro
Joined: Jan 2004
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From: Chester SC
St. Jude Donor '15-'16, '21,'24
Lighten up, buddy!
Safety Car
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From: Youngsville North Carolina
Race Director
Joined: May 2006
Posts: 10,936
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From: EAST TENNESSEE
Pro
Joined: Sep 2013
Posts: 725
Likes: 87
From: Virginia
St. Jude Donor '21-'22
Illegal to use, not illegal to have. I feel VA is so for making every penny they can writing speeding tickets. Plus the "over 80" being a reckless driving offense is just stupid imo. Theres a small stretch on 295 in Hopewell that they even call the "million dollar mile" due to the income they made in a short period just writing tickets. Ironically the area that they write those tickets in is still run down and "ghetto" lol.
Safety Car
Joined: Sep 2007
Posts: 4,009
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From: South Florida
Virginia is a prime example of what our country looked like if we didn’t have states. All of us would have our licenses revoked by now. So freaking dumb you can’t have a radar detector. Total BS
Pro
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From: Virginia
St. Jude Donor '21-'22