When to Take a Speeding Ticket to Court

There are only two reasons to take a speeding ticket to court: the driver is not guilty, or they can’t afford or doesn’t want to pay the penalties resulting from the arrest. In some cases, a driver may be willing to take a chance on some of the options with lower chances of success rather than suffer the penalties of a speeding conviction. That can often be especially true if the driver has had additional speeding tickets in recent months. The penalties add up, sometimes even to a suspended driver’s license.

Challenging the Testimony

One of the most obvious avenues to explore is the testimony of the arresting officer. They may be part of the law enforcement community, but that does not mean they are perfect. There are a number of errors they could make that would result in the charges being reduced or dismissed altogether.

Do they list the infraction correctly? That can mean making a mistake in writing up the infraction, such as charging a suspect with driving over the posted speed, even though the state allows drivers to maintain a safe speed that may be slightly over the limit.

Do they correctly describe the accused and the conditions at the scene? That can mean naming the wrong street or intersection. It can also mean listing the incorrect make of car that the defendant as driving.

Challenging the Electronic Evidence

In cases where the officer used radar or laser devices, there may be evidence that they were not working correctly.

Are they using a device that is known to be unreliable? Defendants may request the names of the device used and copies of operating and maintenance manuals. If there is sufficient evidence that that model does not always provide accurate information, the judge may dismiss the charge.

Are they using a device that has been poorly maintained? Defendants may also request copies of station reports about maintenance and calibration schedules. Since these devices must generally be recalibrated and receive maintenance regularly (in some cases daily), if the logs reveal noncompliance, the reading may be deemed false.

Did the officer operate the device correctly? Many times it can be shown that an officer did not use the device properly, altering the results and discrediting the evidence.

Challenging the Process

Most of those who are ticketed for speeding never fight the ticket. There are some ways of doing so that may be successful with little time or expense.

If the officer fails to show up in court to testify, the charges will be dropped. A defendant can increase the odds of this happening by postponing the case until a date near a holiday or summer vacation.

Some states allow defendants to plead not guilty and present their evidence through the mail. This requires the arresting officer to present their testimony through the mail, as well. Most police officers hate additional paperwork, and may fail to comply, resulting in the charges being dismissed.

Getting Legal Help for Taking a Speeding Ticket to Court

While there are many good options for fighting a speeding ticket in court, not all of them will work in every situation. It takes an expert to analyze a case and choose the appropriate alternative. Speeding ticket lawyers have that expertise, and when a defendant finds one that will be committed to their success, they have a better chance of erasing the ticket and clearing their record.

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