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How and why to fight a speeding ticket

By Edited May 12, 2016 0 0

If this is the first time you have gotten a speeding ticket or the twenty first time, you should fight every single ticket in court. A speeding ticket may only be a $50 dollar fine but insurance surcharges may be upwards of $150 dollars a year for three to six years! A $50 dollar fine turns into $950. The only way to stop an increase in insurance rates is to fight the speeding ticket and win. The worst part is the insurance companies pay for the Radar guns police officers use to catch you; they do everything they can to make money. The Insurance companies and the police, the town, are all in on it.

The idea of fighting a speeding ticket in court is scary. The court system is supposed to intimidate you. An estimated 90% of speeding tickets are paid without going to court, people do not want to go because they are scared, they were speeding, they have work, and there are a number of other excuses. No matter what the reason, unless you would be fired from your job for missing a day then go to court. The first step is summoning the courage to go to court and make your case.

When going to court you do not have to take the stand. You simply plead not guilty, the judge will ask you to present your case and you can now ask the officer any questions you want. Do not lie about speeding if you in fact were. Perjury is nasty business, just do not make an official statement that you were not speeding, if the police officer accuses you of speeding then he has to prove he caught you speeding using an accurate method, you need to cause "reasonable doubt" in the judge to win. Look up the speeding laws and write them down, bring them to court and carefully note whether or not a part of the law has been proven, if the officer or lawyer can not then you could win the case.

What people do not realize is the worst thing a judge can do is say "no". They will not chastise you or increase your fine for trying to fight a ticket; in fact, it is very likely you will get a decreased fine just for showing up. If you are lucky, the police officer may not even show up and you will win by default.The number of ways you can possibly win is numerous and depending on how many tickets you've gotten your chances may be very good.

The first thing you do when you have received a speeding ticket is read the entire ticket. Check to see if all the information is correct, if the street name for example is wrong, you can get out of the ticket. The responsibility of correctly filling out all the information on the ticket falls on the officer, a number of different errors could result in the ticket being dismissed in court. Be sure to also read the back of the speeding ticket. If the ticket says the officer's testimony in the event of a trial will be replaced by an affidavit then you should request the officer's presence in the courtroom during the trial for questioning.

The other important information the ticket contains is the method of measuring speed. The officer may have used a number of different methods to determine you were speeding. The officer may use pacing, which is driving a certain distance behind your car and determining your speed by his speed. Radar uses electromagnetic waves to lock onto a vehicle and measure speed. Estimation is when the officer guesses your speed.

Radar by far is the most commonly used method; it is the most dependable but not without flaws. A radar gun must be used properly and maintained to give accurate readings. If the officer is not certified or the Radar gun is not maintained properly then it will give inaccurate readings. When in court ask to see the calibration logs, the officer's certification and before going to court request the maintenance documents for the Radar gun and the police cruiser, if the speedometer is inaccurate the gun will give inaccurate readings while the cars moving.

Pacing and estimation are much more inaccurate ways of estimating speed. An officer cannot tell the difference between 55Mph and 60Mph, the smaller the difference in speed limit and your speed at the time the easier it is to win, if you were going 80 mph in a 60 mph your best chance is a reduced ticket. Pacing is also very inaccurate, it could produce estimations 5mph-10mph faster than you were actually driving.

The best way to win a trial is planning. The more you plan the better chance you have of not being stuck in an argument, and you have a better chance of stumping the officer.Request any information you want before the trial. You can request the officers certification, arrest logs etc. You may be able to bring out a pattern that shows the officer is more prone to stopping black sedans (if you are driving a black sedan) than other vehicles. If you can show the officer's radar gun has been either poorly maintained or has a history of defect, you may be able to persuade the judge. Anything you can think of. You can also find lists of questions on different websites of a hundred different questions to ask the officer while on the stand.

If you have a history of speeding tickets than consider joining an organization that will pay for your speeding ticket.The organizations will require you go to court and fight. Regardless of whether you win or lose your case, all you have to do is prove you went. The organizations do have a member's fee around $30.00 but when you consider that they will pay for a ticket upwards of $300.00 it becomes worth it. If you joined and didn't get a ticket for 10 years then it would still be worth it because you've saved the money over 10 years rather than one big upfront payment. Speeding ticket organizations are a great option to consider.



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