Drivers faced with a speeding ticket regularly challenge a law enforcement officer’s citation later in the courts and have their citation dismissed. The ability to challenge a speeding ticket successfully, however, is a case-specific consideration, and if a driver is serious or absolutely cannot afford more points on their license, they should consult with a traffic violations lawyer. The individual legal defense prepared in each case will widely vary, however, well thought out traffic violation defense, at least statistically speaking, does have a good chance of being dismissed, if a driver proceeds appropriately alongside legal counsel.
State Traffic and Speed Limits Laws Widely Vary
The posted speed limits in every state widely vary, and furthermore, each state adheres to a different standard of determining illegal speed on the road, often a form of absolute, presumed, or basic speed limits. With so many variations in how speeding is determined and what the actual speed limit in a given area actually is, a driver has significant room to contest their citations on these grounds, assuming they learn the exact method of speeding applicable to their certain traffic citation.
Helpful hints on building a speeding ticket case:
- Having a visual of the location of the citation, as well as a general outline of where a law enforcement officer was located in conjunction with the route your vehicle was traveling is helpful. From not only a visual standpoint, but also, a driver can clearly exhibit the conditions of the road and their viewpoint of the roadway at the time of being clocked as speeding.
- Aside from contesting the method of speeding ticket determination in a given jurisdiction, a driver can also contest the method used to determine an alleged offender’s rate of speed. Have legal counsel question the accuracy of these tools (most likely a radar gun) and the practices used by law enforcement when using the device (which may be in contrast to the manufacturer’s recommended method)
- Detail any conditions or emergencies that caused a driver to accelerate or potentially break the speed limit. For example, law enforcement regularly posts speeding traps at locations where a driver will unintentionally accelerate (such as coming down a hill or prolonged incline). Use the visual evidence noted above to prove that acceleration (or simply an increase in speed really) will always occur at this location. Other ideas include incidents where a driver must take emergency or immediate action to avoid collision or other problems, which may result in a speeding citation. Finally, a driver can also suggest that all other vehicles were travelling at a similar rate of speed and by slowing down, the driver jeopardized their and others safety by impeding the flow of traffic.
Getting Legal Help with Beating a Speeding Ticket
In essence, beating any given speeding ticket will require legal counsel to perform certain investigative tasks or requests for discovery based on the facts surrounding a specific traffic citation. Normally, a driver facing their first ticket in several years will not require this type of assistance. However, drivers who face license suspensions for a single offense, drivers with higher point totals previously, or drivers facing alterations to their insurance premiums may greatly benefit from what a traffic violations attorney has to offer.