Take it to Court: Contesting a Speeding Ticket

Should a driver wish to contest a speeding ticket, he or she must attend a court hearing on their case to dispute the matter in front of a judge. The reality of most traffic citations is that there is sufficient room to mount a relatively strong legal defense against the citation, and when well prepared, often with the representation of legal counsel, many drivers are able to dismiss speeding ticket citations. Consult with a lawyer to learn more about how to dispute your speeding ticket citation in court. Each citation and driver presents a case-specific need and possibility for defending the citation; however, the following outlines some general speeding ticket defense strategies that may be applicable to a given driver’s case.

Typical Defenses in a Speeding Ticket Court Hearing

For starters, drivers should note that the traffic citation is merely an accusation, and unless proven guilty, they are presumed innocent, and in the overwhelming majority of cases, are afforded legal rights similar to those individuals facing other criminal charges. However, traffic law has evolved into its own separate legal system in most cases, and in turn, having legal counsel represent your interests in these matters is important. The following outlines some of the more commonly used legal strategies in defending speeding tickets in court.

Every driver has a constitutional right to question their accuser, who in this case is law enforcement officer issuing a ticket. If an officer does not show to the court date, the driver will most likely win their case. It should be noted that there are several methods to increase the likelihood of an officer not appearing, which include postpone the scheduled court date, always avoid trial on the date posted on one’s ticket (law enforcement officers typically schedule dates on the same day for their convenience and efficiency), and consider using holidays or summertime court dates, if possible.

Attempt a trial by declaration or trial by mail, which allows a driver to submit their defense claims via mail and requires law enforcement to submit theirs as well. Failure of law enforcement to do so will result in a dismissal. Should the officer submit his or her claims via mail, a driver still has the right to go trial in person, so nothing is lost by attempting this route.

Review a citation very closely and look for errors. Minor problems with a ticket are often excused, but gross errors or other issues can result in a dismissal in certain cases.

Speeding tickets based on radar guns also present drivers a great opportunity to dispute their ticket. Radar guns require maintenance, recalibration, and other updates, which rarely occur as required by the manufacturer and law. State laws vary on matters concerning ensuring accurate radar readings, however, a driver should look into disputing their citation on these grounds, if possible.

Certain states create the potential for a dismissal of the citation based on failure to provide the driver with the right to a speedy trial, usually large municipal areas with backlogged court cases, and an overburdened traffic court system. Assuming a driver does not waive their right to a speedy trial, they may be unable to receive a court date within the state definition of a speedy trial and have their case dismissed.

Getting Legal Help with Contesting a Speeding Ticket

In many cases, a driver does have the realistic potential to dispute a speeding ticket in a manner that will generate a favorable outcome for the driver. However, this requires intervention and representation by a lawyer with experience in handling traffic violation cases in the jurisdiction where your citation occurred.

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