Speeding Tickets: Lawbreakers Or Not?

Speeding tickets are the most common traffic violation in the United States. While some people may not view speeding as breaking the law, it is indeed a violation of the law and can result in various consequences. These include fines, increased insurance costs, points on one's license, license suspension, or even criminal charges in certain states. The type of speed limit that has been violated, such as absolute, presumed, or basic speed limits, determines the available defenses and strategies for fighting a speeding ticket. Understanding these speed limits and the associated legal implications is crucial for motorists to make informed decisions when faced with a speeding citation.

The consequences of a speeding ticket

Speeding tickets are the most common moving violation. The consequences of a speeding ticket can vary depending on the jurisdiction and the circumstances of the violation. Here are some common consequences of receiving a speeding ticket:

Fines

In many places, a speeding ticket will result in a fine that must be paid. The amount of the fine may vary depending on the severity of the violation, with higher speeds resulting in higher fines. In some places, the fine amount may also be influenced by the number of previous violations, with fines increasing for multiple offences within a certain time frame.

Points on Your License

Some jurisdictions, like New York, use a point system, where accumulating points on your license can lead to further penalties. The number of points added depends on how far over the speed limit you were travelling. Accumulating a certain number of points, such as 11 points in New York within 18 months, can result in a suspension of your license.

Increased Insurance Premiums

Receiving a speeding ticket can also affect your insurance premiums. Your insurance company may view you as a higher-risk driver and increase your insurance rates as a result. This can lead to you paying higher premiums for an extended period, even after the initial fine has been paid.

License Revocation or Suspension

In some cases, a speeding ticket can result in the revocation or suspension of your driver's license, particularly if you are a repeat offender or if your speeding was excessive. For example, in Virginia, driving 20 miles or more over the speed limit can result in a charge of reckless driving, which is a criminal offence and can have more severe consequences.

Criminal Record

In certain jurisdictions, a speeding ticket can result in a criminal record, especially if the speeding is considered reckless driving or if it results in a serious accident. A criminal record can have long-term consequences, impacting job prospects and your overall reputation.

Other Penalties

There may be additional penalties depending on the location and circumstances. For instance, speeding in a school zone or restricted highway might incur different or additional penalties.

It's important to note that the consequences of a speeding ticket can vary based on local laws and the specific details of the incident. Consulting with a knowledgeable attorney in your area can help you understand the potential implications and explore options for mitigating the impact of a speeding ticket.

Defences against a speeding ticket

While it is frustrating to get a speeding ticket, it is not advisable to simply pay it and move on. This could have negative consequences in the future, such as fines, points on your driving record, higher insurance costs, and a possible permanent criminal record. Instead, it is worth exploring potential defences to avoid these repercussions. Here are some strategies to defend against a speeding ticket:

Question the Accuracy of Speed Measurement

One common defence is to question the accuracy of the device used to measure your speed, such as radar, laser (LIDAR), pacing, or VASCAR. You can argue that the device was improperly calibrated or used incorrectly, casting doubt on the reliability of the evidence.

Argue Road Conditions and Necessity

Consider the road conditions during the alleged offence. If you had to speed up temporarily to match the pace of traffic and avoid an accident, or due to road or weather conditions, these factors can be used in your defence. This is known as the "necessity of speeding" defence.

Procedural Defences

Procedural defences focus on the way the ticket was issued. This includes checking for clerical errors or arguing that the issuing officer didn't follow proper protocol. While these defences don't dispute that speeding occurred, they may lead to a dismissal on technical grounds.

Personal Emergency

If you were speeding due to a personal emergency, such as rushing someone to the hospital, this can be a valid defence. However, this defence requires substantial proof, and the urgency of the situation must be reasonable and verifiable.

No Posted Speed Limit

If there was no posted speed limit or it was obstructed from view, you may argue that you were unaware of the speed limit. However, be aware that there are default speed limits for unmarked roads, so ensure you were not exceeding that limit.

Not Speeding

If you were not, in fact, speeding, you will want to raise this defence. This will likely involve challenging the accuracy of the radar gun or other speed measurement devices used.

Speedometer Calibration

If you believe your speedometer was not working properly, you may need to obtain a speedometer calibration to prove this. However, this can be expensive, so it is advisable to consult an attorney before incurring this cost.

GPS Evidence

If you have a GPS system in your vehicle, it may provide evidence of your speed at the time of the alleged offence. To use this defence, you will need a GPS report showing your vehicle's speed and proof that your GPS is accurate.

Mistake of Fact or Identity

In some cases, you may argue mistake of fact, where you made an error regarding the circumstances of the violation. Alternatively, if the officer incorrectly identified you as the driver, you can dispute their identification.

The role of a speeding ticket lawyer

A speeding ticket lawyer can help you avoid a conviction or minimise the penalties associated with speeding. They can help you fight for your clean record and protect your license.

An experienced lawyer will be familiar with the applicable laws and statutes governing speeding tickets, as well as the range of potential punishments for violations. They can help you determine the best course of action in your particular case, as well as any mitigating factors that may be applicable.

The key to resolving many speeding ticket cases is communication with the local District Attorney's office. A skilled attorney can act as a liaison between you and the District Attorney, advocating for a reduction in the severity of the ticket or a dismissal of the charges altogether. They can also help you understand the District Attorney's reasoning for their recommendation and advise you on the best course of action going forward.

In some cases, it may be possible to negotiate a settlement agreement with the District Attorney. This can involve a reduced fine or a dismissal of the ticket in exchange for a guilty plea. An attorney can help you understand the terms of such an agreement and ensure that you agree to a fair resolution.

If you are found guilty of a speeding ticket, an attorney can work to mitigate the severity of the sentence, including reducing the fines or having the ticket dismissed outright. They can also help you with the appeals process, evaluating the merits of your case and helping you prepare your argument and present your case in court.

Additionally, a speeding ticket lawyer can represent you in court and negotiate on your behalf with the prosecutor to reduce the severity of any penalties that may apply to your case. They can also help you avoid a conviction and the penalties that come with it, such as demerit points and increases in your insurance premiums.

The types of speed limits

Speeding tickets are the most common moving violation. While some people may not view speeding as breaking the law, speeding is a violation of speed limits, which are informed by statutory speed limits, regulatory speed limits, advisory speed limits, work zone speed limits, and school zone speed limits.

There are three types of speed limits: absolute, presumed, and basic. Each type has different criteria, and as a result, you could face a ticket for any of the three.

Absolute Speed Limit

The absolute speed limit is the posted speed limit in an area. You break the absolute speed limit if you travel over the posted speed by any amount.

Presumed Speed Limit

The presumed speed limit is not as straightforward as the absolute speed limit. If an officer believes that you have broken the presumed speed limit, they believe that your speed did not suit the conditions at the time.

Basic Speed Limit

When an issue arises involving the basic speed limit, it means that an officer believes that your driving speed was unsafe even if it was at or below the posted limit. In this case, the officer would need to prove that your speed posed a safety issue.

The process of fighting a speeding ticket in court

Speeding tickets are the most common moving violation, and while it may be easier to pay a speeding ticket and move on, it is possible to fight one in court. Here is a step-by-step guide on how to do so:

Step 1: Understand the type of violation

First, it is important to understand the type of speed limit you are accused of violating. There are three types of speed limits: "absolute" (or "maximum"), "presumed" (or "prima facie"), and "basic" speed limits. Most states use two of the three types, while some use all three or just one type. Knowing which type of violation you are charged with is key, as the available defences are different for each type.

Step 2: Research the methods of speed measurement

Next, find out how the officer measured your speed. This could include pacing, aircraft, radar, LIDAR, or VASCAR. The accuracy of the officer's speed measurement can then be challenged as part of your defence.

Step 3: Consult a lawyer

Consider consulting a lawyer who specialises in traffic violations. They can assess your case and help you build a credible defence. They can also help you understand the process, although they do not have to represent you in court.

Step 4: Submit a not-guilty plea

Notify your county court that you intend to submit a not-guilty plea. You can do this at the court or by mail, but be sure to do it before the due date on your ticket. You will then receive a court date to argue your case before a judge.

Step 5: Plead your case

Present your case in a calm and collected manner. If the judge agrees that you did not intentionally break the law, your ticket could be dismissed. However, they may also choose to simply reduce your fine. If this is the case, be sure to request approval to take a defensive driving course to dismiss the ticket from your driving record.

It is worth noting that even if you are guilty of driving over the speed limit, there may still be a positive outcome. The court may decide to reduce your fine, remove points from your driving record, or dismiss the ticket entirely if there were mitigating circumstances, such as an emergency or an attempt to avoid an accident.

Frequently asked questions