My name is Danielle Diaz. One of the things I've learned in life, both inside and outside the courtroom, is that it is important to not see others as your enemy. Even though you may see the prosecutor as your enemy, he or she is just trying to do a job. It may be possible that you can get a prosecutor or the judge to be sympathetic and get him or her on your side. In order to accomplish this, you need to understand the law. I feel that most individuals do not understand the law, which is why I was motivated to create this blog.
If you have received a speeding ticket, you may be thinking about fighting the ticket in court. Your second thought may be to go ahead and pay the fine. If you decide to pay the ticket, there will likely be consequences, not the least of which will be higher insurance premiums. If you decide to fight the ticket, the following are a few things you should know:
Challenging the reading from a radar gun
This is an old tactic people have used in the past; often it is the calibration of the machine that will be challenged. The police and the court system are aware of this, and they are usually prepared with the necessary documentation. There may be certain circumstances when you can challenge a speeding ticket that was recorded by radar but not the speed itself. One example of this is when you were traveling at or below the posted speed limit, but the police officer believed that the road or weather conditions made the speed unsafe. In this situation, the speed recorded by radar can work to your advantage as the unsafe conditions are a burden of proof on the officer.
Getting a speeding ticket after an accident
When you get a speeding ticket after an accident, it may be entirely argued that it was speed that was the cause of the accident. Then again, you may have been speeding briefly due to the nature of the accident, and this was an attempt to avoid the accident. This is sometimes the case when an investigation reveals skid marks that are used to determine your speed. Fighting this type of ticket can be complex and is best done by an attorney, but there are many ways to defend against a speeding ticket in this type of scenario.
Having your ticket dismissed
You need to take a careful look at the ticket. It is not uncommon for a speeding ticket to have mistakes on it. Sometimes it can be a simple mistake such as the wrong intersection listed that can lead a judge to dismiss the ticket. If this is your first speeding ticket, your state may allow for a dismissal if the citation is only for a few miles over the speed limit. Some jurisdictions will allow for the ticket to be paid but not reported to your insurance company if you do not get a second ticket over a certain time period.
Just remember, when you sign a ticket you are only promising to appear in court and are not admitting guilt. The best way to go about fighting a ticket is to use the services of a speeding ticket attorney that has a lot of experience with speeding tickets and fighting traffic tickets in general.