Using Evidence to Fight a Speeding Ticket

In most cases, when a driver receives a speeding ticket, it is easy to think that there is no way to fight it. Courts listen to their own police officer’s testimony more often than that of a suspected lawbreaker. That may be the prevailing opinion, but there are methods of fighting a speeding ticket, especially when the defendant and their speeding ticket attorney have solid evidence to prove their case. The consequences are daunting, as the average fine for a speeding ticket is $150. Even worse, however, is the average increase in insurance rates, which is $900 a year. It can be well worth a defendant’s while to obtain the help of a qualified speeding ticket attorney to help present the evidence to fight a speeding ticket.

Methods of Fighting a Speeding Ticket

The key element in fighting a speeding ticket is finding objective evidence to convince the court that the ticket is in error. Falling on the mercy of the court is not a valid defense, since there are over 40 million speeding tickets issued every year and there are few new excuses to sway a judge. Doing some investigation through their attorney and the experts at their disposal can make all the difference in implementing one of these defenses:

• Showing errors in the officer’s judgment about the violation, especially if they are using subjective decisions to support their claim.

• Showing errors in what the officer saw, especially if they had a bad or obstructed view of the events.

• Showing that the driver made a “mistake of fact,” because of new conditions at an old and familiar intersection, as a result of old signs that are now faded and unreadable, or as a result of blocked or missing signs that make it impossible to abide by the posted speed limit.

• Showing the driver’s conduct was “legally justified” because of a traffic emergency, health emergency, sudden and dangerous car problem, or to perform another legal driving action.

• Showing the driver’s action was vital to avoid harm to themselves or others, especially because of a dangerous condition on the roadway, such as an object, person, or animal in the street, another dangerous driver that they’re trying to avoid, or making room for a car entering the roadway when the left lane is blocked.

Evidence for Speeding Ticket Defenses

The keys to proving any of these defenses generally falls into a few standard categories. However, a speeding ticket attorney is skilled in helping provide the research and experts to prove these elements through:

• Finding witnesses who saw the events and can testify in defense of the driver. Such witnesses may include passengers, other drivers, or bystanders.

• Photographs of damaged, faded, missing, or obscured speed limit signs.

• Diagrams of the conditions that justified the driver’s improper speed or that show the arresting officer was in poor position to view the events accurately.

• Any other evidence to prove the driver’s report of the events, such as doctor’s reports for angina or heart attack on that date, mechanic’s reports about vehicle problems, and others.

Getting Legal Help when Fighting a Speeding Ticket

In many instances, the testimony of an arresting police officer makes it difficult to fight a speeding ticket conviction. However, there are instances when, with the right evidence and an effective attorney at their side, a defendant will find that they can mount a case for reduced or dismissed charges. Expert testimony, well-presented evidence, and a defendant who presents themselves well in the courtroom make a powerful combination that often result in an effective defense.