The idea that you got nailed with a speeding ticket can leave you with an ugly feeling, especially if you're 100% sure you weren't going too fast. What should you do after you've received a citation? You can challenge the ticket in court with the help of a speeding ticket attorney. This is how you can build your defense.
Understand the Basis of the Citation
Foremost, you need to figure out exactly what information the police are working off of. For example, a common defense used when a ticket is sent based on a police officer's claim that they saw you speeding is to question whether there wasn't a similar car in the area. Dashcam footage from the police cruiser is discoverable, meaning a speeding ticket lawyer can demand that the cops produce the video. If the video shows that another car of a very similar appearance was in the zone near the same time, you might have a fighting chance of beating the citation.
Frequently, the strongest defense is that something wasn't calibrated right. In particular, you can assert that the officer's radar gun had to be faulty.
Never Admit Anything
Among the most important things to do is to avoid admitting anything to the cop or in court. If you say, for example, that you were driving 62 mph in a 55-mph zone and not the 70 mph the cop claimed, that's an admission of guilt.
It's Never Entrapment
Save yourself the time and cost of a consultation if you believe you have an entrapment defense. It's never entrapment, even when the police set up a speed trap.
Under American law, entrapment requires an inducement to commit the crime in question. Short of a cop asking you to show how fast your car can go right before they bust you for speeding, there's no way an entrapment argument would hold up for even a minute in front of a judge.
The same applies to situations like when cops tailgate drivers. In the eyes of the law, you'll never have a legal rationale to go faster than the speed limit when someone is behind you.
One defense that may be presented is the classic claim of necessity, such as delivering a baby. Similarly, quickly moving into another lane and speeding up while an accident is happening is legal. Being busted under such circumstances is rare, though, because the cop will probably be dealing with the incident and not your speeding.Share
26 July 2019
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