Disputing an Unfair Speeding Ticket
You have the right to dispute speeding tickets. If you have been issued a speeding ticket, you can either plead guilty and pay the fine or you can challenge the speeding ticket in a court of law.
What To Do When Stopped for Speeding
How you react when you are stopped for speeding will play a crucial role if you intend to dispute the speeding ticket. You must remain calm. Be polite to the officer. Do not do anything that will make his interaction with you a memorable one for him. Remember you will be cross examining this officer in court later. So the less remembers about the interaction, the easier it becomes for you to blow his credibility in the court. Do not give lame excuses. He would have heard such excuses before. Once he starts writing the ticket, he is duty bound to issue it. He cannot void it. While he is busy writing the ticket, make a mental note of:
- the type of the officer’s vehicle
- the license plate of the officer’s vehicle
- the unit number of the officer's vehicle that stopped you
- the exact location of where you were stopped
- the traffic conditions
- the distance between where you were stopped and where the violation occurred
- the weather conditions - cloud cover, rain, no rain, sunny, overcast, snow, etc
- the clothes you were wearing
- Small but noticeable details of your vehicle which the officer might not pay much attention to and is unlikely to remember.
Method of Determining Speeding
Radar and laser are the two most common methods used for determining speeding. Both these methods have their own weaknesses. During the trial you should challenge the accuracy of the method used. External factors like weather and traffic conditions can affect the readings. The presence of other vehicles near your vehicle can also affect the readings. The officer who issued the ticket must be properly trained to use the equipment. The equipment must be properly maintained.
During the discovery phase ask for the maintenance record of the equipment and the officer’s training details. If the officer does not show up in court on the scheduled date, you can seek to have the case against you dismissed. Remember the prosecution must prove beyond reasonable doubt that you were driving over the speed limit. If the officer shows up in court during the cross examination you should bring out the existence of factors that can affect the reading.
Getting Legal Help
If you have been issued an unfair speeding ticket, consult with an experienced traffic violation attorney. The attorney can challenge the speeding ticket in court.