Top 5 Ways to Fight Back Against a Speeding Ticket
Getting a speeding ticket can cause emotional distress and financial difficulties.
Every state and local area enforces unique rules and regulations regarding speeding offenses. It is vital to follow any instructions given on the citation or by law enforcement.
The following basic guidelines will summarize the actions to take after being issued a traffic citation.
Demonstrate How Your Violation Arises Due to a “Misinterpretation of Facts”
Judges frequently exercise flexibility when considering factors outside a driver’s influence. Demonstrating an honest and reasonable mistake could lead a judge to categorize it as a “mistake of fact” and potentially dismiss your ticket.
Each case is unique; for instance, a judge may acknowledge a mistake-of-fact argument if you ran a stop sign partially obscured by a fallen tree branch. Even if the explanation doesn’t constitute a complete legal defense, the judge might use it as a basis to reduce the fine imposed.
Challenge the Personal Judgment of the Police Officer
Police officers frequently cite drivers for unsafe driving practices, particularly concerning risky maneuvers such as unsafe turns or lane changes. These citations often require the officer to move beyond their assessment and reach an impartial decision.
If you receive a speeding ticket in Louisiana, where the officer had to rely on personal judgment, you can contest that decision.
For instance, consider a scenario where the police cite you for an unsafe lane change on the highway. Considering the weather conditions and traffic volume, you can argue that your lane change was made safely. Additionally, you could highlight that the officer was driving ahead of you during the lane change.
Plead No-Contest
Submitting a “No-Contest” plea informs the court that you opt not to dispute the charges. While this plea does not constitute a guilty plea, it conveys your acknowledgment of the charges without the intention to contest them.
This choice may be appropriate if you anticipate a potential civil lawsuit resulting from the traffic violation, such as getting a speeding ticket, and wish to avoid admitting guilt. However, selecting this plea equates to a guilty plea regarding consequences, necessitating the payment of fines and penalties.
Defend Your Decision to Drive Based on the Circumstances
In this specific approach, rather than refuting or highlighting errors in the ticketing process, the strategy involves acknowledging engaging in illegal driving while providing reasoning that justifies the unlawful actions.
This method proves effective in contesting a ticket as it bypasses the need to challenge the officer’s account or the violation itself. Instead, it focuses on presenting circumstances that compelled the driving behavior.
For example, if you received a speeding ticket on the highway, you could offer evidence that you were overtaking a potentially intoxicated driver.
This vehicle was swerving between lanes and displaying erratic driving patterns. In such a scenario, your priority was ensuring your safety and preventing a possible collision.
However, this defense may not hold if the officer can demonstrate that you maintained a high-speed post-passing the other vehicle. Additionally, your argument would be strengthened if you promptly informed law enforcement or dialed 911 to report the suspected impaired driver when it was safe.
Discuss With the Judge
If neither dismissal nor attending traffic school are viable options for you, or if you strongly believe you have received an unjust ticket, it is the moment to leverage the legal system in your favor. Facing the court can be daunting, especially for those unfamiliar with the process, but simply appearing can work to your advantage.
Merely 3% to 5% of all tickets are challenged. Among those contesting their tickets, half see their cases dismissed entirely, while the other half negotiate reduced fines or plea agreements. A solid defense will bolster your determination and enhance your prospects of successfully contesting your ticket.
Getting a Speeding Ticket: How to Challenge It Effectively
Challenging a traffic ticket might appear daunting, yet with proper preparation and legal comprehension, it can lead to favorable outcomes. Ensure to examine the ticket carefully and seek help if necessary.