Charlotte investigating certifications for CMPD radar, LIDAR guns

CHARLOTTE — The City of Charlotte is investigating certification issues with radar and LIDAR guns used by the Charlotte-Mecklenburg Police Department.

Officials said they determined the certification process for 170 radar and LIDAR guns didn’t meet state standards.

North Carolina legislation requires all electronic speed-measuring devices to be tested annually. The city said it has been doing radar certifications since 2008 and LIDAR certifications since 2018.

City officials said the certification must be completed by a certified technician or in a lab established by the International Association of Chief of Police.

However, on Jan. 31 it was discovered the annual accuracy testing for some of the instruments was not performed in accordance with the state legislator.

The city said some of the inspections were done by experienced technicians with manufacturer’s guidelines, but those techniques did not have the certification required by state law.

On Feb. 1, city leaders said they developed a plan to address the issue, told CMPD to cease the use of the radar and LIDAR guns until they could be retested and recalibrated, and informed the DA’s office about the investigation.

The District Attorney’s Office has to inform citizens who could have been impacted by this today. The recalibration test is expected to be completed by March 1, according to city leaders.

“We anticipate that we will be able to proceed on many of these cases in the absence of corroborative equipment-based evidence, but in other instances, cases may ultimately be dismissed,” the District Attorney’s Office said. “The DA’s Office will review pending speeding cases as they appear in court, as well as other cases that arose from traffic stops in which lidar or radar equipment is relevant, and take whatever action is appropriate.”

The city said it does not believe the radars and LIDAR guns were miscalibrated and they do not expect to find any miscalculations.

What does this mean for motorists who’ve gotten tickets?

The district attorney released a statement that read, “If you have been charged with a speeding citation in Mecklenburg County, you or your attorney should appear in court on your court date to discuss available options. You should not pay for your speeding citation online to resolve the citation.”

Defense attorney James Exum has traffic cases Thursday morning.

“Oh, it’s going to play very critically to my strategy because normally, things we would just simply work out were going to have to explore a bit more,” he said.

Exum expects that more people will seek to go on trial instead of taking a deal.

Defense attorney George Laughrum believes it could go even further than that. Some defendants may want to reopen old cases, for example, a DWI conviction where speeding was the basis for the traffic stop.

“He’s already paid his money,” Laughrum said. “His insurance has gone up. He’s done his community service. It’s still on his record. You can’t ever get a DWI expunged so it may be worth it for people who got a DWI, the basis for the stop, to try and reopen that case to see if they get some relief from the courts.”

CMPD Police Chief Johnny Jennings issued a statement regarding the use of radar and LIDAR guns by CMPD:

“RADARs and LIDARs are just a few tools we use to enforce traffic laws and keep the motoring public safe. Officers used this equipment understanding that they were properly certified and followed all Constitutional laws for initiating traffic stops. Officers are able to write speeding citations based on opinion, pacing or RADAR and LIDAR use. Officers are required to form an opinion on speed prior to radar or LIDAR use. This equipment is used to corroborate the officers’ independent opinions about the speed. Officers calibrate the devices after each use to ensure they are in good working order. When we were alerted about the signature issue, we immediately took the devices out of service and turned all devices in to the Innovation & Technology Department. In no way did this compromise our ability to enforce speed and traffic laws. The Innovation & Technology Department continues to recertify each device and release them back into service.”

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