What You Must Know Before Contesting A Speeding Ticket
There are many things you should know about contesting a speeding ticket. You've gone through the painful experience of getting a speeding ticket and have now decided to plead not guilty and face the courts. From setting the court date to what actually happens in front of the judge, there is a lot of preparation that goes into contesting a speeding ticket.
The first step in contesting a speeding ticket is setting your trial date. Keep in mind that by law, you have the right to "a fair and speedy trial." Speedy generally means 45 days from when you decide you are contesting a speeding ticket and enter your plea. There are several advantages to waiving this right. Chances are better that the officer will not remember the details of your case as well if you wait longer. Also, you have more time to prepare and clear your schedule for the trail date. When contesting a speeding ticket, these small details can be important.
Be aware of the rights you have when contesting a speeding ticket in court. One of the most important rights you have is to subpoena witnesses and documents. Don't subpoena the officer who wrote you the ticket. First of all, when contesting a speeding ticket, the prosecution will subpoena the officer and secondly, your best chance of winning is if the officer doesn't show up. You do want to subpoena documents, though, when contesting a speeding ticket.
The most common documents needed when contesting a speeding ticket involving radar equipment pertain to the equipment and the officer using it. You will want to subpoena the records for the radar unit used, including the repair records, the manufacturer's manual, the calibration log, and the department's license to operate the equipment. You will also want the calibration record for the unit. You have the right to all of this information when you are contesting a speeding ticket.
Next when contesting a speeding ticket, you will want information about the officer that issued you the speeding ticket. You want his arrest records for the day you received the ticket as well as the three months before that, his daily log from that day, and the records of his training on the radar equipment. All of this evidence then needs to be studied before contesting a speeding ticket.
You need to choose your defense for contesting a speeding ticket. The simplest defense is lack of prosecution witness. If the officer doesn't show up, you're off the hook. However, don't count on this or you will be ill prepared if he does show up. Your next option when contesting a speeding ticket is that the prosecution fails to prove the case against you. With this defense, you need to carefully study the code you are accused of violating. If the prosecution fails to prove that you have violated the code, then a motion to dismiss may be granted. These are the easiest options when contesting a speeding ticket, but also the least likely to happen.
A more difficult, but more commonly used, defense when contesting a speeding ticket is proving a factual error. This is where all the information you subpoenaed comes in useful. With using this defense for contesting a speeding ticket, you need to prove that there was an error such as the radar equipment was not working or not calibrated correctly. When contesting a speeding ticket, study all of the information carefully so this defense can be successful.
By doing your research and taking the time to study the data, your speeding ticket case has a good chance of going your way. Contesting a speeding ticket can be difficult, but the money saved is usually well worth the effort!
