How to Beat a Speeding Ticket in Court

You can successfully beat a speeding ticket in court. Talk to an experienced traffic violation attorney to know how to beat a speeding ticket in court.

Non-Appearance of the Officer

On the date of hearing the officer who issued the ticket must remain present and testify against you. However in many cases the officer will not be in a position to attend the court and the prosecution will request an adjournment. If the officer does not appear you should not consent to an adjournment. You should instead file a motion to dismiss the case against you on the grounds of non-appearance of the witness. Similarly if there were two or more officers present when the ticket was issued, all of them must be present in the court. Even if one of them does not come to court on that day, you can seek dismissal of the case against you.

Motion to Dismiss

Even if your motion to dismiss on the grounds of non-appearance of witness is denied, you can move another motion to dismiss on a different ground:

  • Denial of a right to a speedy trial - Your trial date is more than 45 days from the date of your pleading not guilty.
  • Denied access to evidence necessary to your defense -You can seek production of records and evidence necessary for your defense. If the prosecution ignores your request, you should request a motion to dismiss due to denied access to evidence.
  • Insufficient evidence - The prosecution must prove beyond reasonable doubt all of the required elements of the vehicle code you are charged with violating. If you feel they have failed to do so, you should request a motion to dismiss due to insufficient evidence.
  • Incompetent witness - This motion should be used if the officer answers most of your cross examination questions “I DO NOT RECALL”.
  • Inadequate procedures - This motion should be used if the officer’s testimony and your subsequent cross examinations reveal that the officer committed some sort of procedural error such as calibrating the radar unit at the start and end of the shift.

Cross Examination of Police Officer

You should use the opportunity to discredit the main prosecution witness – the police officer. Ask questions about the details of your car and surroundings of the place where you were stopped for speeding. Focus of details which the officer is unlikely to remember at the time of trial such as a few dent marks on the front door of your car. Questions the officer about the method used to determine speeding and his or her training in the use of the method, the accuracy of the reading and the factors that affect the reading. You can beat the ticket if you can create a reasonable doubt about the accuracy of the reading or credibility of the officer’s testimony.

Getting Legal Help

If you have been issued a speeding ticket, consult with an experienced traffic violation attorney. With the assistance of an experienced attorney, you can beat the speeding ticket in court.

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