How to Fight a Speeding Ticket When You Weren’t Speeding
Fighting a speeding ticket when you know you were not speeding can be well worth your time and effort. Convincing a traffic court judge to toss out the charge will save you points on your license, spare you an increase in insurance premiums, and let you escape paying fines and fees. Perhaps even more importantly, if you drive for a living, keeping a speeding offense off of your record often means that you will hold onto your job.
Partnering with an experienced speeding ticket attorney when you get ticketed in Columbus Ohio can increase your chances of winning your case. Whether your hire a defense lawyer or not, here are the three steps you must follow to fight the alleged traffic offense.
Step 1: Enter a not guilty plea.
You can only fight your speeding ticket if you appear at your arraignment date and enter a not guilty plea. The not guilty plea will trigger the court to schedule a trial. The trial must be held within 30 days of recieving your ticket if you do not waive your right to a speedy trial. If you want to avoid going to court to enter the not guilty plea, a Columbus Ohio speeding ticket attorney can do so on your behalf.
Step 2: Gather evidence.
Simply arguing that you were not speeding will not suffice. To win, you must show the judge that the officer had no reason to pull you over and/or made a mistake when issuing you a ticket. The best way to do both is to disprove the evidence the officer presents to the court.
Ohio law requires police to use mechanical devices to track and record drivers’ speed over specified distances before issuing speeding tickets. A Columbus speeding ticket attorney will know how to access the radar, LIDAR, or other devices used just before your traffic stop. He or she will also be able to have the device checked for accuracy, to analyze the records of your speed, and to question the officer about how he or she used the device.
Statements from witnesses and video from the officer’s dashboard camera and traffic surveillance cameras can also be used when presenting a defense to speeding.
Step 3: Go to court.
If you skip the court date you requested, you can have an arrest warrant issued against you. Such a warrant will show up on nearly any kind of background check, which can cost you a job or get you hauled to jail if a police officer checks your record during a subsequent traffic stop.
A second reason to make it to court on your assigned day is that the officer who issued your ticket must also appear to present his or her evidence for conviction. If the officer fails to appear, a judge has the choice to rule in your favor or set a new date for your trial. Because they only have 30 days to bring the case against you, speeding cases often get dismissed if the officer fails to appear.
If you experience an unexpected conflict or emergency that will prevent you from keeping your court date, call the clerk or your attorney as soon as possible. You or your Columbus speeding ticket attorney will need to request a continuance.
To speak with a DUI attorney, call The Maher Law Firm at (614) 205-2208. The initial consultation is free. You can also contact us online by filling out this contact form.