Speeding Tickets 101: How and When to Fight

There are times when a defendant can fight a speeding ticket and times when it just will not work. It is important to know the difference and choose carefully whether it is wise to fight at the time that ticket is issued. Some of those methods include avoiding a conviction that will remain on one’s record, while others involve defending against the charge and clearing that record. The alternatives to fighting a speeding ticket are costly, including fines, increased insurance rates, and points. For those who are innocent or who have an alternative, fighting the ticket may be a wise choice.

Guilty Options

For those who were speeding or are not willing to expend a great deal of time and money defending against a speeding charge, there may alternatives to carrying a speeding conviction on their permanent record.

Never pay a ticket. That is an automatic admission of guilt in the eyes of many judges.

Never waive the right to a speedy trial, which is guaranteed in the Constitution. However, one of the papers a suspect is requested to sign upon arrest is a waiver. If they do not sign that waiver and the court cannot schedule a trial date within the limit, which is often 45 days, the charges may be dismissed.

Some states allow those arrested for speeding violations to go to traffic court. Upon successful completion of the course, they may have the charge dismissed and erased from their record.

There are many times when an arresting officer does not show up to testify in court. In fact, statistics show that may happen as much as 25% of the time. If that happens, the case must be thrown out and the defendant’s charge is dismissed. There are also options for making it more likely that the officer will miss their court date:

Requesting a postponement. Often an officer will schedule a number of court dates on the same day. If that date is changed, it may fall on their day off and they will be more likely to forget or ignore the date.

Requesting a court date that is near a holiday or summer vacation. It is unlikely that an officer will reschedule vacation in order to come to court.

Defense Options

Those who believe they are innocent or there are errors in their ticket have a number of defenses they may be able to use to defend against a speeding ticket conviction.

Know the details of the charge and make sure they agree with the law. If There is no evidence, or evidence to the contrary, in relation to the law, the judge may dismiss the case. They are taught to base a case on exact details, so if the wrong car color is cited, or the wrong street name is referenced, these may be grounds for dismissal.

Know how the detection device functions. If a radar machine needs to be calibrated often and there is no record of timely adherence to this requirement, or if there is a great deal of evidence of errors for that machine, the court may dismiss that evidence.

Getting Legal Help when Deciding Whether to Fight a Speeding Ticket

There are many options to consider when faced with a speeding ticket. Paying it is costly, time consuming, and may have far-reaching consequences for the reputation and expenses of the driver. Fighting it is also costly, and if they lose, those costs quickly accelerate. That is why it is so important to consult a speeding ticket attorney with a solid record of standing with and for their clients. The defendant must be honest with them and spell out the circumstances and their defense options thoroughly. A lawyer can help determine which is the wisest course in the defendants’ particular circumstances and prepare an effective case when called for.

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