What Is Defective Equipment?

Defective equipment is a non-moving violation frequently issued to drivers in Virginia with a taillight out or a crack in your windshield.  As a non-moving violation, defective equipment does not carry any points for your driving record.  Many judges in Virginia use defective equipment as a frequent reduction in reckless driving, speeding, and other traffic violations and crimes.  This outcome allows judges to reward drivers who maintain good driving records by keeping the points from appearing on their record.  At the same time, this also allows the judge to punish you in the form of a fine.

When you receive a defective equipment violation from a police officer the standard fine is $30.00 plus some court costs.  However, when defective equipment is used to reduce a reckless driving or speeding violation, the judge will frequently issue a fine based on the standard for the originally charged speed.  Therefore, this outcome allows the judge to still punish in the form of a fine while rewarding those with good records by reducing to a non-point carrying offense.

Many clients often wonder if they need to obtain a speedometer calibration in order to obtain this result.  A speedometer calibration is not required for a judge to move forward with this reduction, a favorable calibration may open the door to convince a judge to reduce to that extent in a case he may otherwise not have been willing to.  Other clients wonder if this is an indication that the officers radar is faulty.  Defective equipment does not refer to the officer’s equipment but instead the driver or defendants.