Vehicles forms
If you decide to fight a speeding ticket, it’s important you know about the different kinds of speed limits (and yes, there are different ones) on what you can do to defend yourself in the court of law.
Now, when you get a ticket for speeding, your defense depends on the speed limit nature. Every state has three general kinds of speed limits – absolute, presumed and basic. Since every type of speed limit violation demands an original defense, you need to understand which one you are being charged with.
1 – Absolute Speed Limit
The majority of states have absolute speed law. No tricks on this kind of speed limit. If a sign says 35mph and you are going 36, you are in violation of the law. Defenses for this kind of speed limit are limited but can include the following:
- Confronting the officer’s determination of the speed, which means finding out how he clocked your speed – pacing, laser or radar – and then attacking the method in court.
- Claim an emergency forced you to go above the speed limit to avoid injury or damage to you and/or others. For example, you sped up due to a small plane landing on the freeway.
- Claim the officer made a mistake with your vehicle for another vehicle. There are many late-model vehicles that look the same. It’s possible if a cop sees a speeding car that goes out of sight and tries to catch up with it, he/she may get the wrong car later.
2 – Presumed Speed Limits
If you are charged with this violation, it means you’ve been accused of driving at unsafe speeds based on the conditions you were given the ticket. There are two possible defenses for this kind of speed limit:
- Make claims that you did not go above the posted speed limit (like you would in an absolute speed law violation.
- Make claims that even though you were speeding, you were doing it based on the road, traffic and weather conditions.
If you can prove that the traffic, road and weather conditions were good and you were going just above the limit, you have a good chance of winning your case. For instance, if you were doing 33 to 35mph in a 20mph zone and the officers can prove it, concentrate on proving that you were driving at a sensible speed based on the conditions of when you were stopped.
In this kind of speed law case, you must prove that your speed was safe and necessary. The law presumes that the posted speed limit is quickest safe speed. You must prove that your speed was also safe.
Of course, proving 65mph in a 35mph zone is safe is going to be impossible. However, there are several straight roads designed for speeds of 35 to 50 mph that are lower due to political pressure on the public officials to deal with speeding.
Here’s how you can build your case:
- Return to the scene and take pictures of the same day and time you were stopped and ticketed. Take pictures from the driver’s viewpoint. It’s important to establish that the road is straight with remarkably good visibility.
- Draw out the road to show your vehicle’s location, the location of the officer’s vehicle and any traffic. Of course, it’s better if you did not get a ticket in a busy commercial area.
- It can be a real boost to your case if heavy traffic is present. When there are other cars on the road exceeding the speed limit, it boosts your argument that driving slower would endanger yours and others’ lives.
Now, the presumed speed law can work both ways. It may be safe to go faster on an un-crowded summer, sunny morning. However, on a road that’s hindered by fog, it’s better to drive at the posted speed limit. However, an officer can give you a ticket for driving at or under the speed limit if it was deemed unsafe to drive like that.
3 – Basic Speed Law
In absolute speed, there is a set upper limit; anything above it is illegal. States may also ticket you if you drive below the legal speed limit if the speed that you are driving is considered unsafe. This is known as basic speed law and it prohibits people driving at unsafe speeds even if it’s below the posted speed limit. In every state, tickets for driving below the speed limit but too fast for safety is known as driving too fast for conditions.
For instance, driving 65 mph on the freeway in slower, heavier traffic in dense fog is not smart driving.
The difference in fighting these tickets and a speeding ticket is that the prosecution must prove you were driving in an unsafe manner. The reason is that the posted speed limit has been presumed safe. The officer will have to testify that traffic, road and weather conditions given increased your under the limit speed has being unsafe. This is tough if you are involved in an accident, as the officer may have a hard time getting enough evidence.
Police typically rely on basic speed law after accidents. They give reasons that you were driving too fast, regardless of how slow you were actually going because you were involved in an accident. Just because you had an accident and charged with a basic law violation does not mean you were driving an unsafe manner. Of course, accidents are not always the result of you breaking the law. Many times they are caused by another driver messing up.
If the officer says the accident is the result of you driving unsafely – even if you’re not speeding – you should prepare him/her. The best thing you can do is claim the accident occurred for other reasons like:
- The fault of the other driver
- Freak act of nature
- Defect in or missing signs and signals