Fighting a Speeding Ticket: Everything You Need to Know

Every year, police officers issue approximately 41 million speeding tickets. That works out to 78 tickets every minute!

Have you recently received a speeding ticket? Do you think it was unfairly issued? If so, you might be able to fight it.

If you're interested in taking this approach, it's important to understand the amount of work involved.

Below are some guidelines to teach you everything you need to know about fighting a speeding ticket (and winning your case).

Initially, it might seem like a good idea to just go ahead and pay the speed ticket. This is definitely the path of least resistance. But, it comes with some less-than-ideal after-effects, including:

• A tainted driving record
• Possible suspension of your driver's license
• Increases in your car insurance rates

Of course, there's also the cost of the ticket and any associated court fees. This can easily set you back a couple hundred dollars.

There are couple different ways you can go about fighting a speeding ticket. Two of the most common approaches are fighting the ticket in court and negotiating a less severe penalty.

Fighting the Ticket in Court

This is the most obvious approach people take when it comes to fighting a speeding ticket. If you decide to fight the ticket in court, a prosecutor will need to prove that you were, in fact, speeding.

Speeding violations can be difficult to beat. But, if you truly believe the ticket was unjustified and you make a good case for yourself, you can avoid having to pay the ticket and keep your driving record clean.

Negotiating a Lesser Penalty

If you are guilty of speeding, you can still fight the ticket by negotiating a lesser penalty.

You can request a mitigation prior to your court hearing to work on negotiating the penalty for your ticket. Some of the most common outcomes of mitigation include:

• Paying the ticket (or a portion of it) but not having it affect your record
• Taking a driving course to avoid paying the ticket
• Having the fine associated with your ticket reduced

A mitigation may also result in you being given extra time to pay your fine.

If you're reading this the same day you received your ticket, take these steps to set yourself up for success when the time comes to fight it.

Review Your Rights

It's important to understand your rights as a defendant before you go to court. Some of the rights that you have as a defendant include:

• The right to a court trial in front of a judge
• The right to an attorney
• The right to subpoena documents or witnesses related to your case
• The right to cross-examine those who testify against you

You also have the right to remain silent and avoid testifying against yourself.

Visit the DMV

Before you arrive at the courthouse, it's a good idea to take a trip to the DMV. There, you can obtain records that may help you with your case.

This includes your driving record. If you have a clean record and no previous violations, you have a greater chance of having your speeding ticket dismissed.

Hire a Traffic Lawyer

Hiring a traffic lawyer can make the process of fighting a speeding ticket much easier.

With a lawyer on your side, you'll be better able to navigate the process of preparing for and appearing in court.

A lawyer can also be very helpful in the event that you decide to try and negotiate a lesser penalty.

Gather Evidence

You should also make an effort to gather evidence related to your case. Some examples of evidence you can gather include:

• Going back to the scene of the citation and making note of important features and traffic controls like lights or signs indicating the speed limit
• Submit a request for public records (the vehicle code in the area, for example)
• Submit a discovery subpoena to gain information about the radar device used to determine your speed

You may also want to get a record of the police officer who issued the ticket. Look for information on their past cases to see whether they've won or lost others in court.

If you decide to fight the speeding ticket in court, these tips can help to increase your chances of getting the ticket dismissed.

Gather the Facts

Make sure you have all your information collected and easily accessible. Keep it in a folder or binder so that you know right where it is and can turn to it as needed.

Dress Appropriately

First impressions matter, especially when you're appearing in court.

Dressing appropriately and making sure you're neatly groomed can make a big difference to the judge who decides whether or not your ticket gets dismissed.

Act Appropriately

In addition to the way you dress, the way you behave can also help your case.

Making sure you're sitting up straight and using appropriate body language can have a significant impact as well.

Be polite when speaking to the judge. If you are aggressive or antagonistic, your chances of having your ticket dismissed will most likely go down dramatically.

Show Up Early

The sooner you show up to traffic court, the easier it is for you to get a seat close to the front. The closer you are to the front, the sooner a judge will hear your case.

As you can see, the process of fighting a speeding ticket can be challenging. But, if you play your cards right, you can win your case and avoid having that ticket on your record.

Do you need help navigating the process of fighting a speeding ticket?

If you live in or around the Sedalia, Missouri area, contact usat the Law Office of Rick Koenig today to learn more about our areas of practice or to schedule a free consultation.