How to Beat a Speeding Ticket

• by Darcy Logan

Introduction

• Few people feel they deserve a speeding ticket, yet less than three percent of people dispute them in court.¹ While there is no surefire way to beat a speeding ticket, one should at least make the effort. Speeding tickets cost more than just the initial fine. When you get a ticket, you typically will lose any good driver discounts that your insurance company offers. This can cost you hundreds of dollars a year on your car insurance.¹ Insurance companies have good reason for this. A study done in California showed that the crash rate was 50 percent higher for drivers with one speeding citation and more than doubled for drivers with two or more citations when compared to those with no citations.¹

Step 1: Act Appropriately When Stopped

• Most people start practicing their excuse the second they see blue lights in their rearview mirror. However, what you want to do is to get through the process without making too much fuss. Your goal is two-fold. First, you want to make the encounter unmemorable. The less memorable you are the more difficult it will be for the officer to remember details in court.²

• Second, you want to eliminate any tension from the encounter.³ While you know that you are not a danger to the officer, he or she does not know that. Unfortunately, a routine stop can turn into a life-and-death situation for officers. You want to do everything to make the officer understand that you are complying and are not a threat. Your chances of getting off with just a warning will increase if they are relaxed.

• Here's what you need to do when you are being pulled over:

1. Pull over as far as possible along side the road.²
2. Turn on your flashers.²
3. If it is night, turn on your inside lights.⁴
4. Turn your car off, remove your keys and place them on the dashboard.³
5. If your license and registration is handy, grab it. If not, wait.
6. Place your hands on the steering wheel high enough so the are visible to the officer.³ If you have any passengers, make sure their hands are visible as well.⁴

What Not to Do

• There are also a couple of things that you do not want to do. Again, you do not want to do anything out of the ordinary, which would make you more memorable.² This will help you if you go to court.

1. Do not get out of the car. Not only is it dangerous for you, but it will make the officer nervous.
2. Do not start searching for your I.D. or paperwork. The officer doesn't know what you are looking for. If you need to get it out of your purse or glove compartment, let the officer know where it is and ask if you can get it before reaching for it.²
3. Do not take off your seat belt or try to put it on.²

Step 2: Be Polite and Respectful

• No matter what you feel or think, you need to be polite and respectful toward the police officer. While you know that you are not a threat to them, they have no way of knowing that.

1. Answer questions with "Yes/No, Sir," "Yes/No, Ma'am" or "Yes/No, Officer".⁵
2. Do not act like you know the law better than the police officer does. Imagine how you would feel if you were being challenged by someone at work who was not in your field.⁶
3. Save any arguments for court.⁵
4. Listen and follow the officer's directions.³
5. Wait until after the officer has obtained your information, and then ask if you can speak to him about the violation.³

Always Sign the Ticket

• Many people mistakenly believe that if they don't sign the ticket, the case will be dismissed or they can say that they were not there. This is not true. In fact, refusing to sign the ticket can land you in jail in some areas.⁷ Signing the ticket is not an admission of guilt. When you sign the ticket, you are admitting that the officer gave it to you. Before you start thinking, "Well, if he didn't give it to me...," remember that if you did not get the ticket, how could you know to show up in court. If you don't show up in court, you will be found guilty and the ticket will go on your record. It is a no-win situation. Sign the ticket.

Step 3: Do Not Admit Guilt

• The Fifth Amendment of the Constitution protects United States citizens from incriminating themselves. That means, you do not have to admit that you are guilty even if you know that you are. In fact, it is better if you do not admit your guilt. Pleading "not guilty" is not saying you did not commit the crime, it is simply asking the courts to prove that you committed the crime.²

1. When you are asked why you were pulled over, answer no whenever possible.⁷
2. If you don't want to lie, respond to their question about why you were pulled over with something like, "With all do respect, doesn't answering your question open me up to self-incrimination?"⁴
3. Any excuse that you give for speeding is an admission of guilt.⁷
   1. The police officer has probably heard it before.⁴
   2. Does your excuse justify endangering other people's lives (which is why speed limits were invented)?⁸
   3. In certain extreme circumstances, such as a woman in labor or a child having been taken to the hospital, an excuse might work at getting you out of the ticket.⁷
4. You can plead your case without making excuses.³ The officer might take mercy on you. However, any pleas should be brief.

Step 4: Before the Officer Leaves, Ask Questions

• After the officer hands you the ticket and you have signed it, start asking questions. Despite your annoyance at receiving a ticket, keep your temper in check. You want to ask politely and not in an argumentative or sarcastic manner.³ Instead, try to act astonished and can't believe that you were going that fast. Once the officer has obtained your information, then ask if you can speak to him about the violation.³

1. First, ask how the offense was detected and/or verified.⁹
2. Find out where the officer was when he/she clocked your speed and if he/she was moving at the time.³
3. Next, ask if a speed measurement device was used or was your speed estimated.⁹
4. If they used a speed measurement device:
   1. Ask if they used radar, laser or Accutrac.⁹
   2. Ask to see the radar. Some jurisdictions require that officers allow you to see it if you ask.³
   3. Find out when the last time the device was calibrated³

• If you are unable or uncomfortable with asking these questions, don't worry. You can always find them out as part of the discovery process when you go to court.⁹ The same goes for if the officer refuses to answer your questions. Remain polite and quietly go on your way.

Step 5: Take Notes and Pictures

• You will want to gather as much information as you can before going to court. When the officer goes back to his or her car to write the ticket, start gathering information.Some of the information gathering will need to be done after the officer hands you the ticket. It is best if you do it immediately while things are fresh in your mind.

1. Write down the patrol car's license plate number and the officer's badge number.⁹
2. Write down what the traffic was like, the weather conditions, the lane you were in on the road, time of day and any other important information.⁶
3. If you have a camera, take pictures before you leave.⁹

• If you don't have time initially, go back to the site and make a diagram of the road. The diagram should show where the officer was positioned, the direction you were traveling, where you were stopped and any other important information.⁹

Step 6: Try to Delay Your Court Case

• One of the best things you can do is to delay your court case for as long as possible. Delaying your court case can work in your favor for a couple of reasons.

1. The police officer is more likely to forget details of the case.⁵
2. There is a better chance that the officer might not appear due to vacations, transfers, etc.⁶ Officers fail to appear about one-fourth of the time.¹
3. Try to get a date that is close to the holidays or during the summer; it increases the odds that the officer will be on vacation.⁹

• An officer not appearing in court is not always guarantee that you will win; sometimes the judge will reschedule.⁷

Step 7: Gather Information Before Going to Court

• You will want to gather as much information as you can before going to court. The first thing you should do is file a request for discovery.⁹ In some areas, this can be done by writing a letter and sending it registered mail. However, you may be required to file a motion for discovery or discovery subpoena.⁶ Check with your local county clerks office.² You may also want to file a public records request for any additional information that the motion for discovery does not grant you.⁹

• Here is a list of the information you will want to try to obtain. Unfortunately, some states have limited the amount of information people can obtain in traffic cases, so some of this may be difficult to obtain.²

1. The officer’s copy of the ticket⁹
2. The officer’s training records and certifications⁹
3. A copy of the officer's Authorized Certification of Training in the proper use of all radar guns in use by the department or records regarding the training administered to the officer regarding the use of speed measuring devices^{5 6}
4. A copy of the patrol car assignments for the date when you received the ticket⁵
5. Copies of manufacturer's names, including makes, models and serial numbers of all speed measuring devices in use by the Police Department⁶
6. Maintenance and calibration records for the past six months for all speed measuring devices used by the department⁶
7. Any literature from the manufacturer regarding correct use, including recommended maintenance, specifications on mounting, aiming, weather and traffic limitations for all speed measuring devices used by the department⁵

• You will also want to review the code for the violation you were cited.² You can usually find it at your local library or local law library. This will be important for when you go to court because if the officer fails to prove any part of the code, your case will be dismissed.⁶

• Finally, read over your ticket carefully. You want to look for material mistakes such as the driver's identity, direction of travel, street where the citation occurred and description of the vehicle. However, don't think that because an officer made a mistake on the ticket that it will automatically be thrown out. It depends on the judge and how big the error was.⁷

Step 8: Fighting the Ticket in Court

• While it can be nerve wracking to go to court, remember that all the pressure is on the police officer. When you go to court, you will be entering a plea of "not guilty" and a trial date will be set. He/she must prove that you are guilty. That does not mean that you should totally relax. Preparation is the key to winning your court in case.

• You do not need an attorney to fight a traffic ticket, but you will need some type of defense.⁷ It will be helpful, but not necessary if you can find some relative case law that backs up your argument.² What defense you use will depend upon what information you gathered. Some examples of possible defenses include:

1. Improper notice of speed limit⁸
2. Improper use of radar or laser⁸
3. Officer made a mistake²

• Notice that these are defenses and not excuses. Again, the same rule about excuses is in effect: Any excuse that you make is an admission of guilt. Once you make that choice, there is no turning back. If you have a really good excuse, be prepared to bring in evidence to back it up.

Questioning the Officer

• If your case makes it to trial, usually the officer will testify first. You will then have the opportunity to question the officer. You will want to ask questions of the officer that strengthen your defense. This can include:

1. When was his/her radar equipment last collaborated? Make sure his/her answer corresponds with the records.
2. Does he/she remember what you were wearing, if you had any passengers or similar details? Failure to answer some of the basics can weaken his/her credibility.⁶

• If the officer attempts to use the radar or laser reading as evidence, he/she will have to establish some things first including Jurisdiction Certification; whether the equipment was up-to-date, accurate and properly calibrated; and whether there is a current FCC license affiliated with the unit. If this is not done, object to the evidence.^{6 5}

• MonkeySee: What happens in a speeding ticket trial? (Time: 3:28)

Conclusion

• While there is no easy way to beat a speeding ticket, the overall cost that one can have on your insurance premiums can be worth the effort of challenging one. Recognize that the methods described here are not asking you to do anything immoral or dishonest. It simply a description of how to work within the system.

References for How to Beat a Speeding Ticket

1. ↑ ^{1.0 1.1 1.2 1.3} MSN Money: It Pays to Avoid a Speeding Ticket -- or Fight One
2. ↑ ^{2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11} Jes Beard: How To Beat A Speeding Ticket
3. ↑ ^{3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10} Lifehacker: How to Beat a Speeding Ticket (or at Least Better Your Chances)
4. ↑ ^{4.0 4.1 4.2 4.3} Veil: How to Beat a Speeding Ticket Without the Stress
5. ↑ ^{5.0 5.1 5.2 5.3 5.4 5.5 5.6} The Blur of Insanity: How to Beat a Speeding Ticket
6. ↑ ^{6.0 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9} Law Office of Brian S. Laviage: How to Beat a Speeding Ticket Before and After You Get One --What the Courts Don't Want You to Know
7. ↑ ^{7.0 7.1 7.2 7.3 7.4 7.5 7.6} MSN Money: 8 Top Traffic-Ticket Myths
8. ↑ ^{8.0 8.1 8.2} ExpertLaw: Fighting a Speeding Ticket
9. ↑ ^{9.00 9.01 9.02 9.03 9.04 9.05 9.06 9.07 9.08 9.09 9.10 9.11} wikiHow: How to Fight a Traffic Ticket

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