Options to Defend a Speeding Ticket

With nearly 100,000 speeding tickets issued each day in this country, it is easy to believe that at least some of them contain errors, giving drivers the opportunity to fight, and often win, their case in court. It does, however, take an understanding of the legal process involved in being charged with speeding, as well as the procedures involved in mounting a defense.

Speeding Charges

Police officers generally have only two options for charging a driver with speeding: observation, by pacing a car and comparing the officer’s speed to the suspect’s; or electronic measuring devices such as radar and lasers. Good speeding ticket attorneys have found ways to cast doubt on both of those sources of evidence in speeding ticket cases in the past, giving other drivers options for fighting their own charges.

Speeding Limits

There are three types of speed limits used throughout this country to attempt to make our roads and highways safe:

“Absolute” speed limits, which are posted on roadways designating a specific speed which a driver may not exceed. Speeding can be charged when someone drivers one mph faster than that posted limit.

“Presumed” speed limits, which are safe speeds for the road conditions, traffic, and weather conditions at the time. Speeding is charged when someone drives at a speed that the officer considers unsafe for those conditions.

“Basic” speed limits, which is the lowest safe speed limit at which a driver may travel considering the conditions and traffic. “Basic” speeding is often only charged when a driver is involved in an accident.

Speeding Ticket Defenses

There are a number of common defenses a driver may use when fighting a speeding ticket, and a few that are specific to each type of speed limit. Each may result in the case being dismissed by the court.

Claiming the officer or the method of measuring the driver’s speed were in error. This takes evidence concerning what measurement devices were used, how they were used, and how they were maintained. If the defendant and their lawyer can find evidence that they were used or maintained incorrectly, the court may consider them inadequate evidence.

Claiming the officer wrote the ticket in error, either by citing the law incorrectly, citing the driver’s activities incorrectly in relation to the law, or noting the location, driver, or type of car incorrectly.

Claiming an act of nature or an act by another driver forced the defendant to speed.

For breaking the “presumed” speed limit, the defendant may be able to prove that the driver was moving at a safe speed for the conditions at that location and time.

For breaking the “basic” speed limit, the driver may be able to prove that the accident was caused by another driver, acts of nature, or inadequate road conditions or signage.

Getting Legal Help for Defending against a Speeding Ticket

It can be expensive to obtain appropriate legal advice to fight a speeding ticket, but it can cost even more to fight and lose such a battle. Such an attorney is proficient in determining the best course of action and presenting it effectively in court, saving the defendant years of consequences.

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