How to Defend a Speeding Ticket in Court
Whether we're running late for an appointment or need to rush home to answer "nature's call," motorists regularly exceed the speed limits. The National Motorists Association estimates some 34 million speeding tickets are issued annually. So the next time you've exhausted your excuses to avoid being ticketed in the first place, you don't have to end it there. Take your speeding ticket to court where you have several lines of defense.
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Instructions
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Build Your Case
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Review the traffic scene. Prepare your defense by doing some research and building your evidence. Go back to the scene of your ticket and take photos. Document the traffic patterns for the time of day you received your ticket. Diagram the road and indicate the spot you where you were presumed to be speeding, the officer's location and the spot where you were pulled over.
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File a discovery request. Get the information that the prosecution will use against you from your local traffic court. This information should include the type of radar that was used and the exact position of the patrol car. Discrepancies in the report can work in your favor in court.
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Research your traffic laws. States have presumed and actual speed limits. Presumed limits mean that you might be able to dismiss a speeding ticket if you can show that given the road and traffic conditions, you were driving at a safe speed. Absolute limits mean that driving any speed over the limit is a violation of the law and can be tougher to use in your defense.
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Enlist the help of a professional. If you have limited time to prepare your defense or don't want to make a court appearance, there are people that will do it for you. You can hire an attorney to handle it, or enlist the services of the NMA to help fight your battle.
Your Day in Court
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Use positive communication skills. Being polite in the courtroom may help. Use titles like "Your Honor" when addressing the judge and "Officer" when addressing the ticketing officer. Speak clearly and concisely. Stay calm. Prepare statements and questions in writing. Prepare to question the ticketing officer where appropriate.
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Use plausible excuses. If you were forced to speed up to avoid causing damage to another vehicle, then tell the court. If fellow motorists were traveling above the speed limit and you felt slowing down would have caused you to create an accident, then say so. If there was an emergency that forced you to speed, then use it in your defense.
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Attack the officer's determination of your speed. If your car is a common and its possible that the officer mistook your vehicle for another then make this defense. Provide the average number of your make and model sold from Edmunds.com or a similar guide. Research the flaws in the method the officer used (laser, pacing or radar) to determine your speed.
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Tips & Warnings
If your defense fails, take advantage of compromises offered by the courts that could help you reduce the cost of your speeding ticket and the number of points added to your license.
References
- Photo Credit truck speeding down the street image by Larry Roberg from Fotolia.com
