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Fighting a Speeding Ticket in Court

Can You Really Beat the Rap?

By Timothy Sexton, published May 09, 2006
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Very few things in life give you that sinking feeling in the pit of your stomach like seeing those flashing light in your rearview mirror. Chances are the first thing most people do is immediately look at their speedometer. Were you speeding? Do you even know what the speed limit was? Can you think of a really good excuse for why you were going 65 in a 35 mph zone?

Just because you get pulled over doesn't mean you have to pay the ticket. Remember, for the time being at least, Americans are still not guilty until proven innocent. But can you really beat a speeding ticket in court? Well, as with all court cases, the burden of proof rests not on you, but on the People. You also have the benefit of reasonable doubt to play around with. Most traffic cases are decided by the judge, of course, but even judges are subject to doubt.

Is fighting a speeding ticket in court worth it? You'll most likely have to take at least part of the day off from work and most likely it won't be with pay. You'll have to sit around and wait for your case to be called. Wouldn't it be a lot simpler just to pay the fine and get it over with?

That's certainly what the government is hoping for. But remember, a speeding ticket goes on your record and can affect your insurance. So, yes, in some cases it is worth it. Especially since your chances of winning are better than you might think.

Remember that they key to fighting a speeding ticket in court revolves around creating reasonable doubt in the judge's mind. Judges are human, too, though when they sit up there in their robes behind that gavel it's sometimes difficult to determine. And they've seen plenty of cases where police officers either just got it wrong, or made it up. Cops are not infallible and judges know that.

Takeaways
  • Radar guns can be your friend rather than enemy under certain conditions.
  • All you have to do is create a reasonable doubt in the judge's mind.
  • Even if a reasonable excuse failed with the arresting officer, it coudl still work with the judge.
Did You Know?
Although several studies have concluded that red cars are pulled over for speeding more often than other colors, the percentage correlates with the percentage of red cars sold.
Comments
Comments 1 - 4 of 4
 
 
I'm going to court in less than a month. I have prepared similiar defenses as mentioned here and hope that they work out. I think it would be a good idea to note that most cases are won simply because the cop doesnt show up to court. I wouldnt bank on that happening, but I believe thats the most common victory because most dont have a good defense otherwise - reading the right law books in advance would be key.

Posted on 11/14/2007 at 4:11:00 AM

 
Wow, you are very informative in your articles i especially liked the one on how to stop procrastinating great articles keep it up

Posted on 08/04/2007 at 1:08:00 PM

 
This article is nice in theory, but I don't know if it would work for me. I'll keep it in mind. I actually had one speeding ticket in my whole life that I had to go to court for, and the judge asked the bailiff about my record. The bailiff said I had nothing, and the judge STILL demanded that I pay. Questioning a cop on the scene is definitely not something I look forward to, just so he can accuse me of a billion other things. And in court, the judge didn't even give me a chance to respond. Maybe it was because I was younger. Hopefully, I'll never have to try again.

Posted on 02/25/2007 at 7:02:00 PM

 
Tim, this was a very informative article, I strongly believe police officers rather than enforcing the law are working even harder to fill their quotas, fatten their police department's budgets, and intimiate citizens. They would like to walk all over you but it's time we all stand up and fight speeding tickets in a stragetic way so the case will get dismissed.

Posted on 11/23/2006 at 9:11:00 AM

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