What is the best defense for a speeding ticket?

Traffic tickets are issued by police officers and other law enforcement officials for a number of offenses. They can range from basic speeding violations to more serious driving while intoxicated (DWI) and reckless driving charges. The penalties for these violations vary by state and jurisdiction, from sizable fines to license suspension or even jail time. These violations also impact your auto insurance rates, and can potentially stay on your record for up to 10 years.

Even good, safety-focused drivers sometimes get tickets, and can suffer from the consequences. In some cases, the best way to avoid these consequences is by fighting the ticket. However, this is a difficult and complex process. If the ticket is especially costly or could result in a license suspension, it is usually worth hiring an attorney for guidance.

When you fight a Traffic ticket, you are essentially challenging the officer’s subjective judgment that your actions were inappropriate and reckless. The goal is to cast doubt on that conclusion, and highlight all of the factors that should support your argument. These factors might include weather and road conditions, your driving speed at the time of the incident, and whether the officer had a good vantage point to accurately assess your situation.

Another common defense is showing that your behavior was necessary to prevent immediate harm. This might include swerving dangerously to avoid an accident, or speeding on the highway in order to prevent a crash that would have seriously hurt you or someone else.

If you want to use this defense, it is important to have physical evidence to present to the court. This might include dash cam video, GPS data, or photographic evidence that shows the speed limit sign was obscured. It is also helpful to research the methods the officer used to clock your speed. This can help you plan questions to ask, and note any weaknesses in the equipment that might be used against you.

Once the government has presented all of its evidence, you will have a chance to present your side of the story. This might include presenting photos or other physical evidence, testifying to your side of the story, and calling witnesses.

After both sides have had a chance to present their case, the judge will make a decision. If the judge finds you guilty, you can still fight the decision by filing an appeal with the appropriate court.

If you need additional information, see FindLaw’s article on How to Fight a Traffic Ticket. If you are considering working with an attorney, you can find a qualified one in your area by using our free attorney matching service. To get started, answer a few questions about your situation in the box below. Our attorneys will contact you with quotes for your consideration. If you don’t hear back from us within 24 hours, please contact our office directly. Our Terms of Service and Privacy Policy apply. Thank you for visiting FindLaw.

New York Traffic Ticket Lawyers
1 Fordham Plaza
Bronx, NY 10458
(646) 388-4871