Getting a speeding ticket is a frustrating experience, albeit one that is avoidable. However, despite trying to be the most responsible driver, things can happen, and you find yourself getting pulled over. If you feel that the speeding ticket you received isn’t correct, you may want to present a speeding ticket defense to the court. With an effective defense, you may be able to have the ticket dismissed. These are seven common defenses that people use when fighting a speeding ticket.
1. Justifiable Emergency
Claiming that you were late for work, school, or an appointment is not a justifiable emergency. You will only prove that you purposefully drove faster than the speed limit. However, in some rare instances, you can successfully argue that there was an emergency. Your speeding needs to be solely for saving life or limb.
2. Improperly Calibrated Speedometer
A common defense people like to claim is that their vehicle’s speedometer is incorrect. This would prove that the speeding was unintentional. However, this defense doesn’t always work the way people think it will. First, if you knew your speedometer was broken, you should have gotten it fixed, which makes you liable for the speeding. Second, your speedometer would need to be very far off. A difference of 1-2 miles per hour will not make a difference if you were driving 15 miles over the speed limit. Third, many people go through the expense of getting their speedometer tested only to find out that it is correct.
3. GPS Defense
With more people using GPS devices, it has become a common defense that their GPS device stated they were driving slower than what the officer states they were driving. While there is potential for this defense to be successful, most are not. You need to prove two things for this to be a successful defense:
- Proof of the GPS speed readout at the time the police claim you were speeding, and
- Proof that the GPS was accurate.
Keep a record of the GPS data from the time you were driving and received the ticket. Then you also need to prove the GPS speed reading is accurate. Finally, you’ll need to get the GPS tested to confirm its calibration.
4. Inaccurate Radar or LIDAR Reading
Police officers use radar or LIDAR guns to detect the speed of a moving vehicle. If the officer or department fails to maintain their radar or LIDAR guns properly, they could produce inaccurate speed readings. This creates a potential defense for drivers. If you believe that you were not speeding and that the gun was incorrect, you can request the calibration certificate for the gun the officer used. The calibration should have taken place within the last six months. It isn’t acceptable if done before the six-month window or after.
A common defense is to claim they were driving with the flow of traffic. This is not a strong defense and only proves to admit that you knew you were speeding. In addition, the argument that you are saying is that because everyone else broke the law, you felt that it was ok for you to also break it. If everyone else on the road was driving drunk, would you also drive drunk? Of course not. So the same logic applies to speeding.
6. With the Flow of Traffic
This defense is not common, and it sounds too simple to work. However, in specific instances, it can be an effective defense for a speeding ticket. Generally, it’s an assumed formality that the Commonwealth has the authority to give you the speeding ticket because the offense took place in the county or city that it has jurisdiction over.
However, this isn’t always the case. Sometimes an incident may take place on the border of jurisdictions. Then the question arises over which jurisdiction had the authority to give you the ticket. For example, an officer could make a mistake and give you a ticket in a location where they don’t have the authority to do so. Or the officer could make a mistake in their testimony. If argued correctly, your attorney could successfully get your speeding ticket dropped with a location defense.
Speak With a Lawyer About Speeding Ticket Defenses
If you want to fight your speeding ticket and aren’t sure what defense is applicable, it can help to speak with a lawyer. Once you hire an attorney to represent you, they will ask you to explain the circumstances surrounding your speeding ticket. They will then discuss possible speeding ticket defenses.
Schedule a consultation and speak with our attorneys about possible defenses for your speeding ticket.