How to Contest a Speeding Ticket in Court
At some point in his life, virtually every driver experiences the less than thrilling sight of a red and blue flashing strobe light in the rear view mirror and the spine-chilling wail of the police siren. After receiving a citation for traveling faster than the posted speed limit, he can take one of two actions: pay the fine or contest the ticket in a court of law. Taking the latter option requires a modicum of tact, diplomacy, and good old-fashioned honesty when appearing in court.
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Instructions
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Research the law to learn about your specific violation. A traffic misdemeanor is a criminal offense and includes driving under the influence of alcohol and reckless driving. A civil infraction is a simple traffic violation such as running a red light, failing to stop for a stop sign, or speeding. Civil infractions are most common and result in fines and points on one's driving record that may raise auto insurance policy costs.
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Contact the clerk of the court and ask for a continuance (aka an adjournment). When the police officer is not present, the case is typically dismissed. Asking for a continuance, which is essentially the same as rescheduling the case, increases the likelihood the officer who gave you the speeding ticket will not show up in court.
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Plead "guilty with explanation." The cop pulled you over for a reason--you were violating the speed limit, and you got caught. However, you may have a legitimate reason why you were speeding (such as pregnancy or a dying loved one in the hospital) yet the cop still wrote the ticket. Perhaps the roadway signage was blocked by trees, unreadable or absent. Explain your case as briefly and concisely as possible, respecting the court and avoiding dramatic displays of emotion.
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Tips & Warnings
Whether or not you win the case, appearing in court to contest a speeding ticket will likely lower or eliminate fines and/or points on your driving record.
Wear business attire to show the court you are serious about the charges against you.
Always maintain tact and diplomacy when addressing the judge as, "Your Honor."
Keep your defense as brief and concise as possible without excess verbiage or going off on a tangent.
Never wear casual clothes such as sandals, shorts, or short skirts; this insults the court and reflects poorly on your defense.
Do not record court proceedings on your mobile phone or other device.
References
Resources
- Photo Credit Police image by Zeno from Fotolia.com
