Speeding Ticket Use of Radar in WV?

Question by Sean B: Speeding Ticket Use of Radar in WV?
Ok, so first time traffic violation, wasnt paying attention to the speed at which i was going.

…so I was returning from spring break and might have been hustling to get home, I was going up a hill and passing a few tractortrailors(who are notoriously going really slow) in west virginia and was Radared at 83 in a 65mph zone(18mph over) So I did a little researching online and found a really interesting WV law as described below. I have to call the court tomorrow to plead and pick a court date. I am debating getting a traffic lawyer(exspensive) but think I might be better off road-tripping(5.5hr drive) and representing myself, word online is you can get it dramatically reduced, if not eliminated if you just show up in court and apologize and present your “scenario”. What do you think? It’s a 5point thing on my licenses and I don’t know what the fine is yet.

Ok, so my Municplie is Birch River(26601) populaion 1300. the county was Nicholas. Basicaly what the below is saying is that you can only be Radar’ed in a municiple that has a population greater than 2000. which myn did not.

I guess i am just curious if anybody has ever tried this? and do you think that it might work?

§17C-6-7. Prima facie evidence of speed by devices employing microwaves or reflected light; placing of signs relative to radar or laser.
The speed of a motor vehicle may be proved by evidence obtained by use of any device designed to measure and indicate or record the speed of a moving object by means of microwaves or reflected light, when such evidence is obtained by members of the department of public safety, by police officers of incorporated municipalities in classes one, two and three, as defined in chapter eight-a of this code, and by the sheriff and his deputies of the several counties of the state. The evidence so obtained shall be accepted as prima facie evidence of the speed of such vehicle.
In order to inform and educate the public generally that speed of motor vehicles operating within the state is being tested by radar or laser mechanisms, the division of highways shall locate and place suitable and informative stationary and movable signs at strategic points on and along highways in each county of the state giving notice to the public that such radar or laser mechanisms are in use.

Birch River 2000 Census Data.
http://factfinder.census.gov/servlet/SAF…

West Virginia Code 3 8-1-3. Classification of municipal corporations.
Pursuant to the mandate of the “Municipal Home Rule Amendment” to the constitution of this state, all municipal corporations are hereby classified by population into four classes, as follows:
(1) Every municipal corporation with a population in excess of fifty thousand shall be a Class I city;
(2) Every municipal corporation with a population in excess of ten thousand but not in excess of fifty thousand shall be a Class II city;
(3) Every municipal corporation with a population in excess of two thousand but not in excess of ten thousand shall be a Class III city; and
(4) Every municipal corporation with a population of two thousand or less shall be a Class IV town or village.
Transition from one to another class shall occur automatically when the requisite population qualification has been met, effective as of the effective date of the census, as specified in section four of this article.
The Legislature hereby declares its interpretation of the said “Municipal Home Rule Amendment” to be that a single classification by population of municipal corporations in this state is required which shall exclude any other classification of municipal corporations by population for any purpose. It is, therefore, the intention of the Legislature that the classification established in this section shall give effect to the constitutional mandate and shall be the only classification by population applying to municipal corporations in this state. It is the further intention of the Legislature that subsequent legislation affecting municipal corporations in this state shall treat municipal corporations differently upon the basis of population, only in accordance with the general classification established in this section.
Are “State Troopers” the deputies of the Sheriff?

Best answer:

Answer by Grammar SS
“and by the sheriff and his deputies of the several counties of the state.”

As I read it, the “sherriff and his deputies” can ticket you wherever they like, it doesn’t matter what class of municipality you were in.

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