Glenbrooke News

My next decision had just been made for me.  A verbal warning is now out of the question.  Premeditated speeding calls for a citation.  No, not every officer out there holds the same opinion about radar detectors or about who receives a warning or who receives a citation. 

There is no law here in California against having a radar detector in non-commercial vehicles. Radar detector use in commercial vehicles has been prohibited in the U.S. since 1995 and radar detectors are also illegal in most Canadian provinces. What the law does state is that no vehicle shall be equipped with any device that is designed for, or is capable of, jamming, scrambling, neutralizing, disabling or otherwise interfering with radar, laser or any other electronic device used by a law enforcement agency to measure the speed of moving objects. 

What the vehicle code also provides for is that if you are in possession of one of these devices, the officer is authorized to seize it and have it destroyed.  So you are visiting from a state that does allow jamming devices (I am not aware of which state(s) that would be) and you are not aware that it is illegal here in California, do you get to keep it?  No.  As a passenger in a motor vehicle in Texas you can consume an alcoholic beverage.  That doesn’t mean that since you are from Texas you can drink in your vehicle while you are in California.  When in Rome… 

So we have learned that it is not unlawful to possess a radar detector, but it is unlawful to possess a radar jamming device.  I’m certain that there are various reasons that a person would have a radar detector.  My first guess would be, to avoid getting a ticket for speeding.  I do recall a motorist explaining to me that it was actually so that he could keep track of where the officers were, in case they might need assistance.  I think I’ll stay with the avoiding-a-ticket guess. 

As far as mounting the device, it is unlawful to have them affixed to the windshield.  There is a complete vehicle code section 26708 that goes into great detail regarding visual obstructions, but basically it states, a person shall not drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows.  There are a few exceptions (mirrors), but radar detectors are not one of them.  Yes, this also includes those fuzzy dice and high school graduation tassels hanging from your rearview mirror. 

So next time you see that red light in your rearview mirror, or as my friend (and former sheriff) Jim Pope liked to say, “Ol’ Ruby Red,” don’t become even more distracted by reaching up and attempting to remove the dreaded device and hiding it under the seat (that’s happened on more than one occasion).  Who knows? You might be getting stopped to learn you won the lottery.  Then again, that wouldn’t be my first guess either. 

With or without your radar detector, please go out and enjoy the ride. 

Monty Hight is a retired California Highway Patrol officer and Public Information Officer. He is the North State AVOID Campaign’s Public Information Officer. He lives in Redding. More information on AVOID can be found here.