How can i fight a speeding ticket
We use cookies to make wikiHow great. By using our site, you agree to our cookie policy. Cookie Settings. Learn why people trust wikiHow. Download Article Explore this Article parts. Related Articles. Article Summary. Co-authored by Clinton M. Part 1. Follow standard procedures when you're first pulled over. You want to make sure you behave in accordance to the law when you're pulled over for speeding.
This way, your character will look good during trial and you're more likely to successfully avoid a speeding ticket. Pull over as soon as you see the officer's lights and there is a safe spot to do so. You do not want to pull over in an intersection or anywhere else you might obstruct traffic.
However, try not to wait more than 30 seconds to find a safe spot. Immediately put on your hazard lights to show you are respectful of the safety of other drivers on the road. You do not want the officer to think you are being hostile or reaching for a weapon. When the officer asks for your license and registration, politely explain where these documents are and ask permission to reach for them. No matter what happens, you must be polite and submissive. Do what the officer asks of you without arguing or getting defensive.
Answer the officer's questions appropriately. If you're being pulled over for speeding, the first thing the officer will ask you is if you know how fast you were going.
Be prepared to answer this question in a way that does not further your legal trouble. When the officer asks you, "Do you know why I stopped you? If he asks how fast you were going, you do not have to answer the question.
You have the right to remain silent. However, if you want to give some answer do not admit guilt here. Do not say, "I was going 62 in a 55 zone," for example. Instead, give a noncommittal answer like, "I'm not really sure. Do not say something like, "I wasn't speeding. I checked my speedometer. If the officer asks to search the vehicle, you have the right to refuse.
A search warrant is required without probable cause. If the officer says he will get a search warrant, politely tell him to do so and continue to refuse a search. Gather information at the scene. While the officer is writing your citation, take advantage of this time to survey the scene.
Write down the make, model, license plate and unit number of the officer's car. Take note of your precise location and try to get an approximate sense of where the alleged violation took place. Take note of any weather conditions, such as rainfall or clouds, that could obscure the officer's judgment. Also, pay attention to the traffic conditions and look especially for extenuating circumstances that could have caused inadvertent speeding.
If you have any passenger's, take note of their names and make sure they stay silent during the exchange. Write down anything the officer says. Note as many small details as possible. This will help you look like a credible witness in court. Pay attention to your shirt color, any small dents or cracks in your car, and any noticeable physical characteristics of the officer. Sign the citation. Once the officer returns to the car, he will hand you a citation to sign.
Remember, this is not an admission of guilt. It is merely an acknowledgment that you received the citation and understand you're receiving a speeding ticket. Politely ask the officer if he can move the court appearance to the county seat. The officer needs to take this discrepancy into account when checking speeds. Before the court date, try obtaining details such as the radar gun make and model or maintenance records. Chances are the officer has documented training for using a radar gun for speed tests.
If not, you may have another argument in your favor. You, then, stand a better chance of having your speeding ticket dismissed. This is rare because officers typically schedule all their court appearances on a single non-patrol day. Leading up to the court date, use this time to build your defense. In court, you can give your account of what happened. If possible, consider providing this information to defend your observations:.
When the officer gives their testimony to the judge, be respectful and listen to their side of the story. Complex situations, or if the ticket was issued in a place far from your home, may require a traffic attorney to represent you.
An attorney has experience with the applicable traffic codes and building an effective defense. The attorney may able to negotiate alternative discipline or a reduced penalty. Traffic attorneys are expensive so you must weigh the potential rewards versus their cost. Depending on the severity of your citation, you might be able to attend driving school to reduce the impact of your speeding ticket. For example, most states have a " basic speed law " that—regardless of the posted speed limit—prohibits motorists from driving faster than is " reasonable and prudent " given the current road and traffic conditions.
Similarly, you can get a ticket for following too closely in most states for following another car at a distance that is closer than is " reasonable and prudent " given the current circumstances. When an officer issues a ticket for these types of violations, it's based on the officer's subjective judgment that the driver's actions were not reasonable and prudent. To beat one of these tickets in court, the driver's task is to cast doubt on the officer's conclusion.
In other words, the driver will want to highlight all the factors that would support a finding that he or she was driving safely—circumstances like good weather and visibility and slow driving speeds. Depending on the circumstances, the driver might also be able to bolster his or her argument by pointing out that the officer didn't have a good vantage point to accurately assess the situation.
With many types of violations, the accuracy of the officer's observations is key. For example, with stop sign and red light tickets assuming we're not talking about a red light camera ticket , the government's evidence that you committing the violation will generally be limited to the officer simply testifying that he or she saw you run the stop sign or red signal.
When you're fighting a violation of this type, you normally want to avoid making it an issue of your word against that of the officer. Instead, it's generally more productive to focus on whether the officer was in a position to accurately observe the alleged violation. For example, you might be able to show that the officer was too far away to have a good view or that the officer's vantage point was obstructed by something like another car, a hill, or a tree.
When making this kind of argument, diagrams and photographs can be helpful. Judges often give some leeway with regard to circumstances beyond a driver's control.
Most states have options for handling your tickets. Read more details on how to handle a speeding ticket: Dismiss Your Traffic Ticket.
How to fight a speeding ticket begins when you get pulled over. If you get pulled over for speeding, do not admit guilt to the officer. Be courteous and polite. Remain calm. You want to be able to fight the speeding ticket.
Putting on the record that you were consciously breaking the law is ill-advised. If you say you did not know how fast you were going, that makes you look negligent.
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