Seeing a police car flagging you down in your rearview mirror is one of the most nerve-racking feelings in the world. When you pull over, the officer approaches your window and says, “Do you know how fast you were going?” Then you realise you were probably going too fast.
A speeding ticket may have an immediate or long-term impact on your career or auto insurance. If you don’t want any adverse effects on such areas, contesting a ticket could be beneficial. If so, here are some steps you should take to win a case.
Do Not Admit Guilt
If you appear in court, the officer may use your admission of guilt or apology against you. If you decide to contest your ticket, keep in mind that you bear the burden of evidence. With a speeding ticket, you are guilty until proven innocent. To persuade the court to drop or lessen the charges, you must offer sufficient evidence or make a persuasive case.
You should know that signing your citation does not indicate guilt. You’re just admitting that the officer has issued you a citation for at least one traffic infraction.
Look For Errors In The Citation
Start challenging your speeding ticket by reviewing the citation for mistakes.
If you discover a possible error, you may be required to file a complaint within a specific time frame. Each judicial jurisdiction has its own set of processes, and you may have to wait for a court date to contest your ticket.
If the citation contains reporting mistakes, the court may dismiss your ticket. A single mistake might not result in immediate dismissal or fine reduction, but it is worth noting. Minor typographical mistakes are unlikely to have an impact on the final result. However, you may have a good case if the officer states the wrong posted speed limit, location, or time.
You should also check for which infractions are mentioned in the citation. Were you, for example, in a school area, a residential neighbourhood, or a construction region? Do you have careless driving charges even if you weren’t speeding or acting erratically?
Give A Reason For Speeding
If you have a valid reason for speeding, it’s worth telling the judge. Such reasons include a medical emergency, avoiding an accident, a suspicious car following you, not knowing the speed limit in the area, etc. Speeding because you’re late for work or the road was empty aren’t good excuses.
Challenge The Officer’s Radar Gun
The majority of police officers use a radar gun to determine your driving speed. The officer should explain how he assessed your speed and how many times he reviewed it to ensure you were overspeeding at the traffic stop. If the radar gun was not correctly calibrated, it might have misestimated your speed.
To ensure that the radar gun is indicating an appropriate speed, officers must follow specific protocols. For example, the police use an oscillator that vibrates at a particular frequency to simulate a given speed. Radar guns may also require periodic preventive maintenance to guarantee that they do not malfunction.
Before the court date, attempt to acquire information such as the radar gun’s brand and model and maintenance records.
Hire A Lawyer
Complex cases may necessitate the representation of a traffic attorney. Suppose you are involved in a collision and charged with speeding. If you are in danger of losing your driving license, you should consult with an attorney. An attorney is familiar with the applicable traffic laws and how to construct an effective defence. The attorney may be able to bargain alternative punishment or a lower penalty.
Contact Franks & Rechenberg. P.C. Attorneys at Law to help with your case.