SpeedingTkt.com

Misdemeanors and felonies can be punished by fines and imprisonment. For any offense involving a misdemeanor or a felony please consult a local attorney. These are serious problems that must be addressed by a competent, experienced professional. There is no book or website that can substitute for this invaluable advice. Your liberty may depend on it.

A violation is not considered a criminal offense. That's why the penalty for being convicted of a violation only involves a monetary fine.

Tickets issued in conjunction with an accident should also be discussed with an attorney because a conviction on the traffic ticket can be used against you if you are sued for the car accident.

Why fight your ticket?

Being convicted of a traffic offense that involves "points" or is a misdemeanor (an offense that falls between a violation and a felony), or is a felony, can have numerous consequences. There can be insurance consequences: your insurance rates can be increased or you can be dropped by your carrier and subsequently designated as a "high risk". (High risk means high premiums.) In some circumstances, your driving privileges can be revoked (example: DWI conviction) or suspended for a designated period of time. The worst outcome is a jail sentence.

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Basic Strategies

If you have been issued a ticket for a traffic-related offense, the worst outcome is being convicted of the charge. That's why the type of charge is important to analyze. In general, the Courts are tough on DWI and DUI charges. The Courts are much more flexible when it comes to speeding tickets in which the rate of speed is not extreme.

In some locales, the issuance of tickets is motivated more by revenue than safety. In these locations, it is more likely that you can plea guilty to a lesser offense if your offense (in the Court's view) is not out of the ordinary. Please note that in New York State for example you can be arrested if you are driving over 25 miles over the posted speed limit.

Provide a well thought out defense!

Whether you are going to Court alone or with an attorney, try to present a challenging defense. Saying that you did not see the Speed Limit sign, or that you were running late, or that you spend hours in traffic and "were making up time" only irritate the Courts.

Your challenge should address the accuracy of the information on the ticket, the identity of either the driver or the vehicle, the officer's memory of the incident, or the events that took place.

When you go to Court bring evidence to support your defense. A picture is worth more than a thousand words. Diagrams that depict angles, construction sites, and viewpoints are also extremely important. Eye witnesses can help, but you must make sure that they are truly helpful.

Technical Defenses

Because the Police use technology to prosecute tickets, you may need to challenge the use or accuracy of the technology. For example, if you were paced (followed at a specific distance for a period of time) were you truly paced? Motorists have testified that a Police vehicle raced toward them at an increasing rate of speed (believing that the Police were after someone else) only to find out that they were pulled over.

This website cannot provide the technical aspects of radar, laser, and aerial tracking. Please visit your local library to read the various books and magazine articles on this topic.

Vague Violations

What exactly is an unsafe lane change? Even though each State has a definition of the offense, this type of violation seems much more subjective than a speeding ticket where the charge is "going 69 in a 55 zone."

The Delicate Art of Cross-Examining the Police Officer

Police Officers are experienced in testifying in Court. You must ask specific questions in which you will gain some advantage. Do not ask open-ended questions. Your cross-examination should be based on the Officer's direct testimony. Take notes during this testimony and challenge any testimony inconsistent with the Police Officer's observation of the Event.

Some final tips

Show respect to the Judge and the Police. Be polite in your questioning. Visit your local Department of Motor Vehicles Website to learn more.