Speeding tickets are among the most common sources of legal troubles for folks in America. There are plenty of reasons to hire a speeding ticket attorney and try to fight the charges. However, you need to understand what your potential defenses may be. A speeding ticket lawyer will typically present one of these four defenses on behalf of their clients.
Technical Errors
The police use many types of equipment to enforce speed limit laws. You might not even encounter an officer if you went through a jurisdiction that uses automated systems to issue tickets. Likewise, cops use radar guns and even estimates based on their vehicles' speeds to determine whether a driver committed an offense.
However, you have the right to raise questions about all equipment involved with a case. For example, a speeding ticket lawyer might demand discovery of the maintenance logs and product recall histories of a radar gun. Similarly, an attorney might assert that a particular type of automated system has misread a disproportionately high number of license plates. The state has the burden of proof, and that includes showing their equipment was in proper order.
Wrong Driver
Sometimes the cops flat-out misidentify vehicles and drivers. This is more common when an officer says they saw someone speeding. If there were two green Chevy Malibus in the area at the same time, for example, that could cause confusion. Once more, the discovery process is your friend. You can demand the state deliver evidence in the form of dash and traffic cams. If the video shows a similar vehicle in the area at the same time, a speeding ticket lawyer will ask the judge to dismiss the case.
Necessity
Although it sounds mostly like a bad sitcom plot, you can claim you had a justification for speeding. The classic example is if someone is injured and you need to get them to the hospital ASAP.
A judge will want to see evidence to support your claim. In the previous example, a driver might present admissions papers from the hospital for the injured person.
Obscured or Malfunctioning Traffic Control Devices
The state also has a duty to ensure all traffic control devices are in proper order. Traffic control devices extend well beyond lights. You can also raise questions about faded road markings or signs hidden by overgrown plants. However, if you're sure this was the problem, return to the scene get pictures as soon as possible on the off chance someone fixes the problem.
For more information, contact a speeding ticket lawyer near you.
