Wednesday, October 19, 2011

How can I beat a Speeding Ticket? How do I fight a speeding ticket?



You were driving in Kansas and you got pulled over.  The officer said you were speeding and writes you a ticket.  Now you have to go to court and deal with it.  But you don't feel you were speeding .  

I get called everyday with people telling me...

I had my car on cruise and I'm sure I wasn't speeding
I got pulled over in a different speed zone than the cop radared  me in. 
I asked to see the radar and the cop didn't show me. 
My speedometer is off.
I know I wasn't speeding .
I was getting passed by other cars.
Someone was tailgating me so I had to speed up.
The officer had to have clocked the person that passed me.
The officer made a mistake on the ticket .
etc...

The next logical conclusion is that for one of these reasons you want to fight the ticket .

So here is what you do...

1. Go to court on your court date.  (This is usually your first appearance)

2. Check in with the Balif and make sure that you are there on the correct date.

3. If you are there on the correct date.  Sit down in the courtroom.

4. Wait until its your turn to enter a plea.

5. You want to plea not guilty .

6. The court will give you a trial date.

7. Between the time of your first appearance and your trial date you need to request discovery.

8. Requesting discovery is different in every jurisdiction. 
  • Sometimes you get it from the Prosecutor.  Sometimes you get it from the police.  You will have to   submit a request in writing for anything you want to use at trial and pay a fee for the production of the discovery.
  • Things you might want to request, Officers training records on the equipment used to determine your speed, calibration records for the device used to calculate your speed, copy of the ticket, etc.
9. Once you have the discovery you need to look it over and prepare for trial.

10. Go to court on your trial date and convince the judge to side with you by presenting evidence and questioning the officer.

These are just an outline of possible steps you could take to fight your speeding ticket .  Remember, this involves quite a bit of work and attending court a minimum of two times if everything goes as smoothly as possible.  Keep in mind that the prosecutor has to prove that you were speeding , but that is not to terribly difficult if the officer attends court and swears that he used a mechanical device to determine that you were speeding

Each case is different but in the majority of cases fighting a speeding ticket is a losing battle, and if you hire an attorney to fight the speeding ticket for you it still may be a losing battle (just an expensive losing battle).  Usually, there are other options to keep the speeding ticket off your record .  Give us a call at 913-732-3014 for more information.

5 comments:

  1. What are the other options for keeping a speed ticket off my records that you mention at the very end?

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  2. Depending on your unique circumstance you may qualify for an amendment or diversion of the charge.

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  3. The alleged speed is not written on my ticket, but it says that it was clocked by radar. is this easy to fight in court? I have court this morning at 9 a.m.

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  4. Many times tickets are hard to read. It may appear that the speed has been left off the ticket while in fact the officers copy can be plainly read. If thats not the case then you might have a good case.

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  5. I was pulled over for speeding in a school zone. My ticket says 25 in a 20. The school zone is not marked with flashing lights as per state law requires in Utah but does have Speed limit 20 when children are present signs. THey are trying to charge me with 29 in a 2o in school zone. DO I have a good case?

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