A Guide to Contesting a Speeding Ticket: Validity and Contested Cases

Have you ever been stopped by a law enforcement officer claiming you were speeding, but the ticket specifies a higher speed than what you were actually going? This situation might raise your concerns about the validity of the ticket. In this article, we will explore whether a speeding ticket can be invalidated if the listed speed is not what it was, and what legal options are available to challenge the citation.

Understanding the Validity of a Speeding Ticket

There are several instances where a speeding ticket can still be valid even if the stated speed is higher than what you were actually driving. For example, if the officer cites you for one mile over the speed limit, the ticket is still valid and can proceed to court, where you can contest the speed.

In many cases, officers will cut you a break by writing the ticket for less than your actual speed. However, this does not make the citation invalid. The judge can still charge you based on the speed noted in the officer's notes, which might be a higher number than what you were going.

Even if the written speed is higher than what you were driving, you have the option to contest the speeding ticket in court. However, for the ticket to be considered invalid, you would need to provide substantial evidence that the officer's records are incorrect. This can be time-consuming and require a detailed examination of the radar data or video evidence.

Contesting a Speeding Ticket in Court

When you choose to contest a speeding ticket in court, the key lies in providing clear evidence of your actual speed at the time of the citation. You can do this through various means such as:

Video evidence from traffic cameras or your own dashboard camera Radar printouts or data transmitted from the officer's radar gun Witnesses who can corroborate your speed Technical analysis of the officer's radar device

In summary, a speeding ticket can still be valid and proceed to court even if the listed speed is higher than what you were actually going. The validity of the ticket is not necessarily determined by the actual speed, but rather by the officer's testimony and any evidence you can provide to support your claim of a lower speed.

Frequently Asked Questions

1. Can a speeding ticket be invalidated if the speed in the citation is higher than my actual speed?

No, a speeding ticket can still be valid even if the listed speed is higher than what you were actually going. The citation can be contested in court, but the court will base its decision on the evidence presented, not just the listed speed.

2. Why would an officer write a higher speed than my actual speed?

Officers might write a higher speed than your actual speed to ensure a citation is issued, especially if the officer believes you were significantly over the limit. This tactic can also reduce the bail amount for the accused, which can be beneficial for the officer's workload and the court system.

3. How do I contest a speeding ticket if I was actually not speeding?

To contest a speeding ticket, gather and present any evidence that supports your claim of a lower speed. This can include radar printouts, video evidence, and testimony from witnesses. Presenting clear and convincing evidence in court can help you win your case and avoid the imposition of a speeding citation.

Conclusion

While it is true that officers might write a higher speed on a citation to ensure a valid citation or to give leeway, this does not automatically invalidate the ticket. If you find yourself facing a speeding ticket with an incorrect speed, contesting the citation in court is a viable option, but it requires solid evidence to support your claim. By understanding the legal process and gathering all possible evidence, you can increase your chances of successfully contesting the speeding ticket.