If you've received a speeding ticket in Charlotte based on police pacing, you may wonder if it’s worth fighting the citation. Police pacing is a standard method law enforcement officers use to establish a vehicle's speed without using radar or lidar devices. However, this method is not foolproof.
At Browning & Long, PLLC, our experienced Charlotte traffic ticket lawyers are former prosecutors who have successfully helped many clients fight pacing speeding tickets in Mecklenburg County. We understand the problems with police pacing evidence and know how to build a strong defense strategy to protect your rights and driving record.
How Police Pacing Works to Establish a Driver’s Speed
Law enforcement officers measure drivers’ speed primarily using radar guns or LIDAR devices. However, they also use police pacing to issue a pacing speeding ticket in NC.
This method involves an officer following a targeted vehicle at a constant distance and matching its speed. They use the speedometer of their own vehicle to determine the speed of the car they’re following. The officers must maintain a consistent distance and accurately read their speedometer for the pacing evidence to be correct.
To establish a vehicle's speed through pacing, the police must:
- Identify a vehicle that appears to be speeding
- Position their patrol car behind the car at a safe following distance
- Accelerate or decelerate to match the vehicle’s speed
- Maintain a constant distance between the two vehicles for a reasonable time
- Observe their patrol car’s speedometer to determine the speed
If the officer believes the targeted vehicle is speeding, they will initiate a traffic stop and issue a speeding citation based on the pacing evidence.
Legal Challenges You Can Use to Fight Police Pacing Evidence in Charlotte
While police pacing is an accepted method for establishing speed in Mecklenburg County, it is not always accurate. Several factors can affect the accuracy of pacing evidence. Here are ways our speeding ticket lawyers can raise a police pacing defense if you received a speeding ticket:
Following Distance and Time
For pacing to be considered reliable, the officer must have maintained a consistent distance behind your vehicle for a reasonable period. If the following distance varied significantly or the pacing time was too short, our attorneys can argue that the police’s speed determination wasn’t accurate.
Speedometer Calibration and Accuracy
The reliability of pacing evidence depends on the accuracy of the patrol car's speedometer. Regular calibration and maintenance are necessary to ensure speedometers are functioning correctly. In your case, we may be able to challenge the pacing evidence if the calibration records are incomplete or outdated.
Officer Training and Experience
Proper pacing requires skill and experience. Police officers must be trained in pacing techniques and demonstrate proficiency in maintaining consistent distances and accurately reading their speedometers. If an officer's training or experience is inadequate, the reliability of their pacing may be disputed.
Road and Traffic Conditions
Pacing becomes less accurate in heavy traffic, winding roads, or adverse weather conditions. These factors can make it difficult for officers to maintain consistent distances and properly gauge speeds. Our lawyers will raise any challenging road or traffic conditions that may have made the pacing evidence used against you inaccurate.
What Is the Burden of Proof in Pacing Speeding Ticket Cases in NC?
In North Carolina traffic courts, the state has the burden of proof to prove your guilt beyond a reasonable doubt. The prosecutor must present clear and convincing evidence that the pacing was conducted properly and the speedometer reading was accurate. To meet this burden, they may present evidence such as:
- The officer's testimony about their training and experience in pacing
- Patrol car maintenance and calibration records
- Dashcam footage or other video evidence of the pacing
- Detailed notes from the officer's pacing log
- If the prosecutor fails to meet their burden of proof, our skilled traffic ticket lawyers may be able to get your speeding ticket dismissed or the charges reduced.
Let Browning & Long, PLLC, Fight Your Charlotte Speeding Ticket
You face many hidden costs of getting a pacing speeding ticket in NC. For example, the North Carolina Department of Motor Vehicles would assess points on your driving record, and your insurance company will significantly raise your premiums for years after you have paid the citation.
Don't make the mistake of just paying the fine and accepting the consequences. Our speeding ticket lawyers at Browning & Long, PLLC, have the knowledge and experience to help you fight your ticket. We'll carefully review the evidence in your case, including the officer's pacing methods, patrol car maintenance records, and dashcam footage, to identify weaknesses in the prosecutor’s case. Our attorneys will use this information to raise all your defenses and argue for a dismissal or reduction of your charges so you avoid the long-term consequences of a speeding ticket.
