Part of being a traffic ticket attorney is that it is expected for people to approach you in any social setting to ask you questions. If that social setting involves alcohol, I know that I can always expect questions about drinking and driving. Another question I always anticipate is, “How do I fight a speeding ticket if I am guilty?” For the purpose of this article, I am going to focus on the second question. For those of you who know that you are guilty of committing the offense with which you have been charged, many times you think you should just pay the ticket. Remember that that could be a big mistake. If you have a child who committed a crime, would you expect that they just take whatever sentence that may be handed down to them or would you advocate that they have an experienced attorney provide a good defense for them? Even if you consider owning up to the most minor of infractions that you have committed such as rolling through a stop sign, the amount that you would have paid in fines and penalties would be in the thousands. Just like if it were to come down to your child, if you get a traffic ticket, fight it.
I would be remiss if I didn’t say at this point that probably the most important thing you can do is hire a good traffic ticket attorney. Although you can fight your traffic ticket yourself, hiring a traffic ticket attorney is a better option because you are likely to end up with a better outcome. How a traffic ticket attorney handles a speeding ticket in court for you varies. The first step is evaluating the speeding ticket to see if the cop made an error in writing the traffic citation. If he has written down the wrong statute or if there is missing or incorrect information on the traffic ticket, the odds are great that a traffic ticket attorney can get the ticket dismissed entirely.
It is not uncommon for drivers to feel that if they have been pulled over for speeding, they must have been doing so. We don’t always drive around with our eyes glued to the speedometer, but that doesn’t mean that you were in fact speeding. Additionally, most of the time when a cop pulls you over, he probably doesn’t necessarily do so with malicious intent, but he can often make one or more errors when issuing your speeding ticket. Most drivers, however, are unaware of these errors or lack the knowledge of what to look for on a flawed traffic ticket. More importantly, they usually do not realize that such errors can result in a dismissal of the traffic ticket. This lack of understanding often results in many drivers just mailing in their tickets along with whatever fines are assessed. Insert the sound of a gavel coming down here because you have just admitted to being guilty of speeding. Do you also hear a cha-ching in your head? That is surely what will happen when you think about the likelihood that your insurance rates will skyrocket from the points that will be assessed against your license.
If you feel like you were unjustly pulled over, review the circumstances that occurred at the time. Sometimes you can find common mistakes that cops make and this can provide you with the evidence that you need to get your speeding ticket dismissed. It is also important to remember that police officers tend to frequent the same spots over and over in trying to catch speeders. This is usually in some place where they can see you, but you can’t see them. By not being able to see him, the police officer is able to clock you on radar going at the fastest speed, thereby increasing the amount of your fine. Unfortunately this is perfectly legal, but many times where the police officer claims to have been stationed and where you see him may be entirely different. Since cops do this all day long, this is usually the result of trying to remember exactly where he was when he may have been in several locations that day. This failed memory could offer a way to question whether or not you were actually traveling at the speed he claims you were and what the actual posted speed limit was in that area. Going to the area where you got the speeding ticket may not only improve your memory of the events, but taking a photograph of the area to validate your arguments in court could be very useful in getting your ticket dismissed or reduced. If the police officer doesn’t adequately recall all of the circumstances of the traffic stop, it could convince a judge that the speeding ticket is invalid.
Another important point that you should be able to clarify in court is where the speed limit signs were posted, especially in relation to where the cop was and where you were when he tagged you. Speed limit signs are supposed to be posted where they are clearly visible. This is so that drivers are well aware of what speed they are supposed to be traveling, but this doesn’t always happen. Speed limit signs frequently get hit by cars, causing them to be knocked askew or even knocked down entirely. When askew, these signs are not always easy to read or may even look like a different speed altogether. Additionally, they can be obscured by branches or climbing vines. I have seen more than one traffic sign that has been “consumed” by kudzu. Sometimes, speed limit signs just have a different speed posted than what is on your speeding ticket. This is another good reason to return to the scene. Not only can you confirm the speed limit that is posted on the speed limit sign nearest to where you were stopped, but you can also determine if it was somehow obstructed.
If you are stopped for speeding, be sure to pay attention to any information that the officer may provide to you during the stop. He will usually ask you if you know why he has pulled you over. Once you say you do not know the reason, the police officer’s reply may be very important. He may offer up critical details as to what he was thinking at the time he initiated the traffic stop. In revealing what he was thinking, you may be able to figure out what strategy he intends to use if he has to defend his reasons for writing you the speeding ticket. If you understand what his thinking at the time was, it may help you come up with a way to defend yourself in court.
Everyone wants to try to avoid getting a traffic ticket, but if you do get one, do as much investigating of the circumstances as you can so you are able to fight the ticket in court. This is one area where a traffic ticket attorney can make significant strides in fighting your speeding ticket for you, so give the Traffic Ticket Team a call for a free consultation at 954-967-9888. Allow our knowledge and experience to benefit you regardless of what type of traffic ticket you may receive.