Tag Archives: speeding

How to Appeal a Speeding Ticket

You and a friend were playing your favorite song and singing along to the lyrics; not paying attention to how fast you were going. When you glanced down at the speedometer though, you realize you were about 10 miles over the speed limit and slowed down. After a few minutes, you see flashing lights in your rearview mirror though. Oh no, you’re busted! The officer was polite; but firm, and he wrote you a ticket for speeding. You’re embarrassed because this was the first time you ever had a ticket for speeding, and you don’t know a thing about criminal law or court (find out more at DUI in Maui). So now what do you do, especially if you need a good driving record for a job.

speeding-ticketThe first thing you do is document all the facts. Write down how fast you were going when you noticed, what the weather was like and what the speed was where you were stopped. Write it down as soon as you can while it’s still fresh in your mind. Ask your friend if she noticed if there were any cars going the same speed as you were too or if you were passing them. If there were any witnesses, contact them and ask the same questions.

Next ask for a copy of what evidence the prosecutor has. The file which has the evidence may have in it the notes from the arresting officer, a drawing of what happened at the scene or even a video. Then send the officer who gave you the ticket a letter explaining why not having the violation on your record is important. You may hit a soft spot with the officer, and it will help you to petition the ticket.

On the speeding ticket is the date of the arraignment; make sure you show up. Plead “not guilty” to appeal the ticket and then a trial date will be issued. Try to delay your trial as long as possible in hopes the officer won’t remember the case. If the officer can’t remember the details very well, then prosecution may not be successful. When the court date arrives, dress conservatively and arrive on time also and bring along any notes that you took.

When the trial begins, be respectful but confident when pointing out any discrepancies and take notes on any points you disagree on what the prosecutor says. Bring your witnesses to testify in your defense which may help. Ask that your case be dismissed. If the officer who wrote the ticket doesn’t appear, the case can be dismissed then. You can also ask the prosecutor if you could go a traffic school before the trial and get no points. If things get really dicey you can also contact and attorney to help you, any traffic attorney could help you even Eberstein Witherite LLP truck accident attorneys for example. Be careful though, never admit guilt before the deal is done and remember what you say can be used against you.

Wait for the verdict, if you’re guilty, pay the fine; if you are found not guilty then you won’t have to pay the fine.