Are you one of the millions of Americans per year who receives a speeding ticket but doesn’t feel that they’re guilty of what they’re being accused of. If so, you’re likely wondering if it is hard to fight a speeding ticket. In short, it’s not hard, but it’s not easy either. It will require a day in court before a judge and you presenting your case in a manner where it is determined that you are not guilty. You must be mindful that traffic laws vary from state to state and are modified incessantly. It is essential to be updated about laws and codes that are related to your situation. If you’re issued a traffic citation, you are automatically summoned to appear in court. Failure to do so, can trigger a contempt of court charge and a sky high insurance premium. The more you educate yourself about your case, you’ll be able to determine rather you should pay or fight your ticket.
Collect Information
Document every little detail such as, the officer’s license plate number, the officer’s comments, the outfit you wore, your passenger’s name (if applicable), the precise location of the traffic stop, the weather conditions, the make, model, and unit number of the police officer’s car. These little details are resourceful and will help your case.
Decide if it’s Necessary to Hire an Attorney
You can hire an attorney if you want, but make sure that the price of the attorney is going to be far less than the actual fine for your speeding ticket otherwise it is pointless to even bother fighting the speeding ticket.
What to Plea
If you think you’re not guilty, plea “Not guilty.” Prosecutors must prove beyond a reasonable doubt that you’re the culprit. If the officer doesn’t appear in court, it will fall on the prosecution’s shoulders and not yours. Many states only allow traffic tickets to be presented before a judge, so you will have to convince him or her that you’re not guilty. If the officer doesn’t show up, the judge may dismiss the case or postpone it. If you have a particularly troublesome judge, they may proceed with the case despite the absence of the officer.
Know Your Rights
You have the right to stay silent, subpoena witnesses to appear in court, request documents, cross examine your opposing witness, and you have the right to a jury trial. However, some states do not allow you to have a jury trial for minor infractions such as a speeding ticket.
Strategize Your Defense
Mistaken identity or incorrect radar reading is how your case will be argued. Pick a witness who can vouch for you. And bring a note pad, so that you can check off who appeared in court. If the police officer or any other witness doesn’t appear in court, this can help speed up the process while helping your case. Familiarize yourself with the legal codes. You’re the inexperienced party here, so make sure you’re well prepared.
First Impression is Last Impression
Avoid wearing anything that screams “criminal” to the public. You’re judged based on what you wear. Conservative attires are appropriate and they speak volumes about your character. A suit and tie or conservative dress are good ideas.
Have Confidence
As long as you’ve done all of your homework and know all the details of your case, you can relax and present the evidence. If you’re truly innocent, the judicial process should work in your favor. Present the facts in a confident, concise, easy to follow manner, and you should win the case.
Know Who is Who
You should be able to identify all of the people in court including, the bailiff, prosecutor, judge, police officer, court clerk, and defendant (Yourself). An additional police officer may be present if he/she was the one who wrote your citation or clocked you. Otherwise, both officers would have to be present in court. If one or none of them shows up, your case may be dismissed. Keep in mind, if one of the officers do not show up, the judge may postpone your case rather than dismiss it. We hope that you are able to successfully fight a ticket.