How to Contest a Speeding Ticket or Other Traffic Citation

If you feel you are not guilty of a traffic infraction or if there are extenuating factors you want to present to a court, you may contest your traffic citation. Though your judge will only consider the relevant legal factors in your case, there are a few things you can do to increase the odds of a successful challenge.

Things You'll Need

• Time to attend the court proceeding
• Information on the process

Instructions

1. At the time of arrest, note any mitigating factors such as a malfunctioning speedometer, obstructions blocking the stop sign or unavoidable road conditions. Photograph or otherwise document these factors.

2. Respond properly and timely to the instructions for entering your plea.

3. Dress neatly and be respectful and courteous to the court staff, judge, arresting officer and any others in the courtroom. Don't interrupt testimony of the officer or any witnesses. You will have your turn to question them and an opportunity to present your testimony and arguments.

4. Ask to see any verifying documents the officer presents, such as records for the radar used to calculate your speed.

5. Factually describe what happened from your point of view when it is your turn to present your case. Provide supporting documentation or witnesses.

6. Ask if the charge could be reduced or changed to one with no points added to your driving record.

Tips & Warnings

• Don't try to debate the citation with the officer along the roadside. Save your arguments for court.

• If you are convicted of the charge, you may consider an appeal. A different judge may respond differently to your evidence and arguments.

• Don't file frivolous requests for continuances or postponements in hopes that the arresting officer might not show up. All that does is irritate the court and harm your credibility with the judge.

References

• Nolo: Five Strategies for Fighting a Traffic Ticket