Judges start tossing some speeding tickets in Charlotte over certification issue
Some local drivers escaped fines this week after city leaders announced more than half of Charlotte-Mecklenburg Police Department’s speed detection devices weren’t properly certified for years.
CMPD said Tuesday the uncertified detectors did not compromise authorities’ ability to enforce speed and traffic laws — but Mecklenburg County judges have already dismissed some speeding citations because of the issue, according to the District Attorney’s Office.
Charlotte Chief Information Officer Reenie Askew told reporters 170 of 230 radar and LIDAR detection devices were tested by city employees who lacked proper certification. State law requires annual testing by a technician certified by the Federal Communications Commission or by a laboratory established by the International Association of Chiefs of Police.
Officers’ opinions still serve as primary evidence when prosecuting speeding cases, and speed detection devices are used to corroborate those opinions, the DA’s office wrote in a statement to The Charlotte Observer on Friday. The office plans to proceed without equipment-based evidence when possible, but some cases may need to be dismissed.
The DA’s office could not say how many cases were dismissed, it wrote in an email, because the tickets were thrown out as prosecutors reviewed them. It was unclear when judges began dismissing the cases, but it could have been as early as Tuesday — when the office became aware of the issue.
City staff began developing a plan to address the issue Feb. 1, informed CMPD leadership Feb. 3 and removed speed detection devices Feb. 9, the Observer previously reported. On Feb. 11, workers began recalibrating devices.
The Mecklenburg County Sheriff’s Office also ceased all LIDAR speed enforcement operations after learning about the issue, it said in a news release.
The DA’s office recommended all drivers charged with a speeding citation in Mecklenburg County appear in court to discuss options. The DA’s Office cannot review cases to determine whether it was affected by this issue if drivers pay the citations online.
The city expects expects to finish recalibrating the devices by the beginning of March.
This story was originally published February 17, 2023 at 5:28 PM.
