In North Carolina, law enforcement officers rely on various speed detection devices to identify and ticket drivers for speeding violations. However, these devices are not infallible. If you received a speeding ticket in Mecklenburg County, it may have been based on an inaccurate radar gun reading.
At Browning & Long, PLLC, our experienced Charlotte traffic ticket lawyers understand the intricacies of speed detection technology. We can effectively challenge radar gun accuracy in NC and use other defense strategies to fight your speeding ticket.
Types of Speed Detection Devices Used in North Carolina
Law enforcement agencies in our state primarily use three types of speed detection devices to identify speeding vehicles. You must know which type was used in your case to understand how to challenge the radar gun’s accuracy in NC. Here are the speed detection devices used in our state:
Radar Guns
Radar guns are the most common speed detection devices used by police officers. They emit radio waves that bounce off moving vehicles and calculate speed based on the time it takes for the waves to return to the device. While generally reliable, radar guns can produce inaccurate readings if not properly calibrated or the officer lacks sufficient training.
LIDAR (Light Detection and Ranging)
LIDAR devices use laser technology to measure the distance between the device and a moving vehicle at two points in time, calculating speed based on the change in distance over a known time interval. Although more accurate than radar guns, LIDAR devices still require proper calibration and police officer training to ensure reliable readings.
Pacing
Pacing involves a police officer following a vehicle at a constant distance and matching its speed. The officer then uses their vehicle's speedometer to determine the target vehicle's speed. While pacing is a simple method, it is less accurate than radar or LIDAR and can be subject to human error.
Factors Affecting Radar Gun Accuracy and Strategies to Challenge Their Results in Charlotte Speeding Ticket Cases
Several factors can impact the accuracy of speed detection devices. When challenging a speeding ticket in North Carolina, our traffic ticket lawyers can use various legal strategies to question the results of the device used. Here are common defenses we may raise in your case:
#1: Calibration
All speed detection devices must be regularly calibrated to ensure accurate readings. If a device is not calibrated correctly, it may produce erroneous results that can be challenged in court.
Our attorneys can request calibration records for the speed detection device that the officer who ticketed you used to ensure it was functioning correctly. If the records are unavailable or indicate that the device was not calibrated according to the manufacturer's guidelines, we can challenge the speed measurement’s accuracy.
#2: Officer Training and Qualifications
Law enforcement officers must receive proper training on how to use speed detection devices. Inadequate training can lead to user errors that affect the radar gun’s accuracy.
During cross-examination, our traffic ticket lawyers can question the officer about their training and qualifications in using the speed detection device. If they lack sufficient training or cannot demonstrate a thorough understanding of the device's operation, we may be able to raise reasonable doubt about the accuracy of the speed measurement.
#3: Environmental Factors
Environmental conditions such as weather, terrain, and traffic can impact the accuracy of speed detection devices. For example, radar guns can produce false readings if large vehicles are nearby or the device is used on a hill.
Our legal team will investigate whether environmental factors may have affected the device's accuracy. We can argue that these conditions could have produced an inaccurate reading.
#4: The Device's Reliability
Depending on the radar gun device used in your case, our lawyers may challenge its overall reliability. We may need to present expert testimony or scientific evidence that questions the device's ability to produce accurate readings consistently.
Additional Strategies for Defending Against Speeding Tickets in North Carolina
At Browning & Long, PLLC, our traffic ticket lawyers understand the hidden costs of speeding tickets, such as having the North Carolina Department of Motor Vehicles access points on your driving record and your insurance company charging higher insurance premiums. In addition to challenging the accuracy of speed detection devices, we’ll raise your other defenses to fight your speeding ticket.
One strategy we may use is to request a Prayer for Judgment Continued (PJC). A PJC is a unique feature of North Carolina law that allows a judge to find you guilty of a traffic offense without entering a formal conviction or assessing points on your driving record. This can help you maintain a clean driving record and avoid increased insurance premiums.
In addition, we may negotiate with prosecutors to reduce the speeding charge to a lesser offense, such as improper equipment, which carries fewer penalties. By carefully examining the circumstances of your case and employing the appropriate legal strategies, our lawyers can help you achieve the best possible outcome in your speeding ticket case.
