Fighting an Excessive Speeding Ticket: Tips and Strategies
If you’ve been cited for excessive speeding, it’s essential to understand your options for fighting the ticket and minimizing the consequences. While every case is unique, and the success of any strategy depends on the specific circumstances, here are some general tips and strategies to help you fight an excessive speeding ticket.
1. Hire an Experienced Traffic Attorney
An experienced traffic attorney will be familiar with the local laws and court procedures, and they can guide you through the process of fighting your excessive speeding ticket. They can analyze your case, identify potential defenses, represent you in court, and negotiate with the prosecution on your behalf.
Here are some questions to ask when determining if you are working with an experienced traffic attorney in the state of Arizona:
- How long have you been practicing law, and how much of your practice is focused on traffic violations specifically?
- Have you handled cases similar to mine before, such as excessive speeding or DUI?
- Can you provide examples of cases you’ve won in the past and the outcomes that were achieved?
- How familiar are you with the traffic laws and court processes in my area?
- What is your strategy for building a defense in my case, and what steps will you take to gather evidence and prepare for trial?
- Are you able to negotiate with prosecutors to reach a plea deal, or are you willing to take my case to trial if necessary?
- What fees do you charge for your services, and what is included in the fee?
- Will you be the attorney working on my case, or will it be assigned to a junior associate or paralegal?
- How frequently will you update me on the progress of my case, and how quickly will you respond to my questions or concerns?
- Can you provide references or testimonials from previous clients who were satisfied with your representation in traffic violation cases?
Asking these questions can help you determine whether the attorney you are considering has the experience, knowledge, and skills necessary to successfully represent you in your traffic violation case.
2. Review the Details of Your Case
To build a strong defense, you need to be familiar with the details of your case. Review the ticket and any related documents carefully, and take note of any inconsistencies or inaccuracies. Consider factors such as the method used by the officer to measure your speed, the road conditions, and the posted speed limit.
3. Determine the Basis for Your Defense
There are several possible defenses against an excessive speeding ticket, including:
- Challenging the Speed Measurement: If the officer used a radar, laser, or other device to measure your speed, you might be able to challenge the accuracy of the equipment or the officer’s training in using it.
- Arguing Necessity: In some cases, you may be able to argue that your excessive speed was necessary due to an emergency or other extenuating circumstances. However, this defense can be difficult to prove and should only be used if there is strong evidence to support it.
- Questioning the Officer’s Observations: You may be able to challenge the officer’s observations of your speed, particularly if they were estimating your speed based on their own judgment rather than using a speed measurement device.
4. Gather Evidence
Collect any evidence that supports your defense, such as:
- Witness statements from passengers or other drivers who can attest to your speed or the road conditions.
- Photographs of the road, traffic signs, or other relevant factors that may have impacted your driving.
- Records or documentation related to your vehicle’s speedometer or the officer’s speed measurement device, which may help demonstrate inaccuracies in the speed reading.
5. Prepare for Court
If you choose to fight your excessive speeding ticket in court, you’ll need to be well-prepared. Some of these steps have been previously mentioned, however you can use this list as a full checklist:
Checklist to Fight an Excessive Speeding Ticket in Arizona
1. Gather Evidence
- Dashcam footage or surveillance video, if available
- Eyewitness accounts, if applicable
- Photos or diagrams of the scene and relevant signage
- Maintenance records of your vehicle’s speedometer and other equipment
2. Research the Law
- Review the Arizona Revised Statutes and any applicable city or county ordinances related to speeding, traffic violations, or court procedures
- Identify any legal defenses that may apply to your case, such as:
- The radar equipment used by the officer was not properly calibrated
- The signage indicating the speed limit was unclear, damaged, or missing
- There was a medical emergency or other emergency situation that required you to exceed the speed limit
3. Organize Your Documents
- Your excessive speeding ticket and any related paperwork
- Proof of insurance coverage at the time of the citation
- Driving record, if relevant
- Any other relevant documents or correspondence with the court or prosecutor
4. Prepare Your Testimony
- Prepare a clear and concise statement of your defense and your version of events, highlighting any relevant evidence or legal defenses you plan to use
- Practice your testimony and be prepared to answer any questions the judge or prosecutor may ask
5. Dress Appropriately and Show Up Early
- Dress in professional attire, as if you were going to an important job interview
- Arrive at the courthouse early to allow for unexpected delays, traffic, or parking issues
- Respectfully address the judge and prosecutor and follow all courtroom procedures and directives
6. Consider a Plea Bargain
In some cases, it may be in your best interest to negotiate a plea bargain with the prosecution. This can involve pleading guilty to a lesser charge, such as a regular speeding violation, in exchange for a reduced penalty. An experienced traffic attorney can help you evaluate your options and negotiate the best possible outcome for your case.
Conclusion
Fighting an excessive speeding ticket can be a complex and challenging process. However, by understanding your options and developing a strong defense strategy, you may be able to minimize the consequences and protect your driving record. Hiring a knowledgeable traffic attorney, such as The Harding Firm, can significantly increase your chances of success. Contact us today to discuss your case and learn how we can help you fight your excessive speeding ticket