If you've been pulled over for speeding and the officer writing you the ticket used a radar gun to clock your driving speed, there are ways you can fight the ticket. Fighting a speeding ticket means being prepared and remembering everything about the situation. That means you'll need to start mentally taking notes as soon as the police officer informs you of your violation. This information will help you dispute a radar gun-based speeding ticket and avoid an expensive fine.
- Skill level:
- Moderately Easy
Remain silent during the traffic stop. Do not try to make any excuses for speeding, as these serve as admissions of guilt in some cases, and most officers have heard every excuse in the book.
Make mental notes of your environment during the stop. Remember what the weather was like, what you were wearing, the traffic conditions and if the officer took any calls on his radio during the stop.
Request that the officer move your court appearance to the county seat before signing your citation. If the officer refuses, don't argue, but remember that you asked.
Leave the scene of the stop quietly. Don't peel out or do anything to make yourself memorable to the officer.
During the Stop
Plead "Not Guilty" to your ticket and mail it back. Now it's time to do a bit of digging to prepare your case.
Review the regulations the police departments must follow for properly using and maintaining radar equipment. These can usually be found in the city attorney's office. These regulations mandate how often a radar gun should be calibrated and at what distance a radar reading is accurate.
Research the radar maintenance logs at the police department of the officer who pulled you over. Make note if the radar device was not maintained properly based on the regulations you looked at.
Drive past the spot where the officer was stationed and take note of how far your car was from the officer. If this distance is longer than the radar gun's claimed accuracy distance, make note of this. Then prepare to argue your case in court.
After the Stop
Make a motion to dismiss the court case based on the lack of a prosecution witness if the officer does not show up to your court date. This happens quite a bit. Your motion will usually be granted, and you'll walk out without having to pay a fine.
Be prepared if the officer does show up for your court date. Prepare testimony stating that the radar device was not properly maintained or that the officer was too far from your vehicle to have clocked your speed accurately, using the information you gathered.
Ask that the court dismiss the case for lack of evidence. If the prosecutor has failed to sufficiently prove that you were guilty of speeding or if you've proven that the radar equipment was not used or maintained properly, your case will likely be dismissed.
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