So, like most of us, you were driving in a hurry, and as a result, you got ticketed for speeding. What do you do first? Any specialized accidents attorney will tell you that your defense should depend on the nature of the speed limit. Below are a few things to keep in mind, when deciding to fight a speeding ticket in court.
As a legal constant, all US states currently use three basic speed limit types. These are known as basic, presumed and absolute.
– The most straightforward of these is the absolute speed limit. If a road sign says 50 mph is the limit and you are caught driving 51mph, this means you have broken the law. It is generally tough, sometimes impossible to fight these absolute speed limit violations. A reputable attorney might find a few ways to help you in this respect, though. A line of defense may include claiming you were forced by an emergency situation to exceed the given speed limit. Another one may include attacking the way in which the police have determined your speed. A very good lawyer may even attack such a violation claiming that police officers have mistakenly identified your car.
– The presumed speed limit involves the idea that you may have driven at an unsafe speed. This is theoretically easier to beat and includes certain specialized lines of defense. You should know that, overall, you might have a good chance of winning, if your attorney can prove you were only slightly over the limit and weather and traffic conditions were allowing it. You or a specialized attorney’s aid will have to go back to the scene and take photos at the same time and day of the week you were cited. Also, take a photo from the driver’s viewpoint. It’s obviously to your benefit if you can establish the road was straight, with good visibility.
– Basic speed law prohibits driving at an unsafe speed, even if that speed is below limit. In all US states, tickets for driving under the speed limit, but too fast to be safe, are often referred to as “driving too fast for conditions.” For example, driving exactly at the 65 mph posted limit on the freeway would not be smart amidst slower and heavy traffic, in a dense fog, or in a driving rainstorm or blizzard. The basic difference between fighting a normal absolute speed limit ticket and a basic one is that the prosecution will have the burden to prove that you were driving in an unsafe manner. This can be difficult to prove, in normal circumstances and if your car was not involved in a traffic incident at that time.
No matter what law of defense you may choose after you decide to fight a speeding ticket, you should know that your chances of winning increase, if you use specialized help. A seasoned accidents attorney with relevant experience in the field will work wonders on your case.