If you've been pulled over for speeding in Charlotte, you may feel that paying the ticket is your only option. However, did you know that challenging the accuracy of the radar gun reading could be a way to beat your ticket?
In North Carolina, radar guns must meet specific calibration requirements to be considered reliable evidence in court. Officers receive training on the proper operation and interpretation of radar readings. When these standards aren't met, tickets based on inaccurate readings can sometimes be dismissed.
Our experienced traffic ticket lawyers at Browning & Long, PLLC can help you understand your rights and the consequences of your ticket. We can also determine if the radar gun calibration defense is an effective strategy to fight your speeding ticket in NC.
Understanding Radar and LIDAR Guns Used in North Carolina
In North Carolina, law enforcement officers use two primary types of speed measuring devices: radar guns and LIDAR guns. Each type works differently and has its advantages and limitations.
Radar Guns
Radar guns emit radio waves that bounce off moving vehicles and return to the device. The gun then calculates the vehicle's speed based on the changed frequency of the returned waves (the Doppler effect). Officers can use radar guns in stationary or moving modes, either hand-held or mounted on their patrol car.
LIDAR Guns
LIDAR (Light Detection and Ranging) guns use laser technology to measure a vehicle's speed. They emit a series of infrared light pulses that reflect off the targeted vehicle and return to the device. The gun then calculates the vehicle's speed based on the time the light pulses return. LIDAR guns are typically more accurate than radar guns but have a shorter range and require a clear line of sight to the targeted vehicle.
When challenging a speeding ticket based on radar or LIDAR evidence, it's essential to consider the specific device used and any potential limitations that could impact the accuracy of the reading. Our traffic ticket attorneys can review the circumstances of your case and identify any issues with the speed measuring device that may support a dismissal or reduction of the charges.
How Requesting Radar Gun Documentation and Maintenance Records Can Strengthen a Radar Gun Calibration Defense
Under North Carolina law, radar guns must be calibrated at regular intervals by a qualified technician and repaired as necessary to ensure accuracy. To build a strong case supporting a radar gun calibration defense, our traffic ticket lawyers will typically request the following records:
- Calibration and maintenance logs for the specific radar gun
- Certification records for the technician who performed the calibration
- Training records for the officer who issued the ticket
- Police department policies and procedures related to radar use
We’ll review these records for any irregularities or gaps in documentation. For example, if the calibration is outdated or was performed incorrectly, this could support a motion to suppress the radar evidence.
Factors That Can Lead to Inaccurate Radar Readings and Support a Radar Gun Calibration Defense
Many factors could have caused the radar gun reading to be inaccurate in your speeding ticket case. Even when a radar gun is calibrated correctly, certain factors can cause erroneous readings. These include:
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Lack of proper calibration. Regular calibration ensures the radar gun emits and receives signals at the correct frequencies. If a radar gun is not calibrated according to the manufacturer's guidelines, it may produce inaccurate readings. Even a slight deviation in calibration can result in a significant difference in the recorded speed, potentially leading to wrongful speeding citations. Challenging the radar gun's calibration records and maintenance history can be crucial to building a strong radar gun calibration defense against your speeding ticket.
- Officer training. If the law enforcement officer wasn’t properly trained, it could affect whether they used the radar gun properly and raise reasonable doubt about the accuracy of the reading.
- Operator error. The police officer could make a mistake, such as clocking the wrong vehicle in traffic. This can happen when they are positioned near a curve or hill that obscures their view of approaching vehicles. Isolating a single vehicle's speed can also be difficult in heavy traffic.
- Weather conditions. Wet and foggy conditions can refract radar beams, causing them to bend and potentially target the wrong vehicle or object.
- Faulty equipment. Even with regular calibration, radar guns can malfunction over time. Damaged or worn-out components can lead to inaccurate readings. Officers must be trained to recognize signs of equipment failure and take the device out of service until it can be repaired or replaced.
Depending on the facts in your case, our traffic ticket attorneys may be able to use these factors to cast doubt on the reliability of the radar evidence.
How Our Legal Team Can Build a Comprehensive Defense Strategy for Your Speeding Case
At Browning & Long, PLLC, we understand the hidden costs of getting a speeding ticket. This includes the North Carolina Department of Motor Vehicles assessing points on your driving record and your insurance company raising your premiums.
We know that every speeding case is unique. We take the time to review all relevant facts and explore every potential defense for fighting your speeding ticket in NC. In addition to examining radar gun evidence, we may also consider defenses related to:
- Signage and posted speed limits
- Officer observations and testimony
- Road conditions and vehicle safety
- Necessity and emergency situations
- Violations of your constitutional rights
Our Charlotte traffic ticket attorneys will work with you to identify the strongest possible defense based on your specific circumstances. We have a track record of success in getting speeding tickets reduced or dismissed, and we're committed to protecting your rights and driving record.
