How to Defend a Speeding Ticket
Speeding tickets can be an enormous financial burden to the people fined. In addition, some people feel they are innocent of the charges against them. In these situations, people may choose to fight their speeding tickets by defending themselves in traffic court. While you don’t need an attorney in this case, it’s a good idea to start thinking like one.
Instructions
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Determine whether your state has an absolute or presumed speed limit. The differences can help you avoid your ticket. In an absolute state, you are considered to be breaking the law by traveling even one mile past the limit. In a presumed state, however, it's presumed you were speeding but may be allowed to speed due to other circumstances. A presumed state will help your case drastically. Contact your state department of transportation to determine whether your ticket occurred in a presumed state.
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Fight a ticket in which the officer used a radar gun by going to the spot where you were pulled over and taking pictures. Stand at the spot and angle where the officer gunned you down and see if there were traffic signs, electrical boxes and other obstructions in the way. If this is the case, you can prove that the radar gun had an inaccurate reading due to obstructions. Take photos of you doing this and even a video to bring to court as evidence that there are obstructions at the particular location. Evidence is key when arguing your case before a judge.
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Claim that it was necessary for you to move at this speed to keep up with the pace of traffic. In many cases it is unsafe for you to follow the speed limit when others are going much faster. This defense works best in presumed speed limit states. To prove that the area is a high-traffic area, you may obtain traffic records from your county or city transportation office. Municipalities and county governments routinely produce traffic maps that show how much traffic flow through a particular area during a given period of time.
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Explain to the judge that there was a physical reason for your speeding. If you had a physical aliment and needed immediate attention, you may be able to get out of your ticket. Be prepared to prove your physical reason. If you needed medical treatment, be prepared to show evidence that you sought that medical treatment immediately after your traffic incident.
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Prove that the officer was wrong about the charge against you, and you can beat the case. If you cannot find the paperwork in the police department’s records that the officer was properly trained, the judge may side with you. Public employee records are matters of public record. To request information about the training and qualifications of a particular officer, go to the law enforcement agency in question and ask to speak to the public information officer. Tell the officer what you are doing. You may have to fill out a form to request the information. The only catch with this is obtaining the information in a timely manner. You may have to request a continuance of your trial in order to adequately research the officer's training record.
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Go to court and bring all your evidence to prove your case. Once you have plead not guilty during your arraignment, a trial date will be set. Be thoroughly prepared to show a judge why you are not guilty.
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Win your case by successfully arguing your side of what happened, being polite to the judge and by acting professionally at all times. If the officer who pulled you over or any witnesses don't show up, you automatically win your case.
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