The United States issues millions of tickets to speeding motorists each year and according to the National Highway Traffic Safety Administration (NHTSA), in 2019, more than 300,000 people sustained injuries because of car collisions involving speeding. While it is possible to challenge traffic violations and tickets in court, it can be useful to be aware of the misleading views regarding speeding citations that many individuals rely on when fighting a speeding ticket. To learn more about the misconceptions concerning speeding tickets and discover how a Virginia traffic law attorney from Driving Defense Law can aid motorists facing speeding violations, call or text our office today at (757) 929-0335.
Understanding Speeding Tickets
A speeding ticket refers to a type of moving traffic violation in which the individual facing the charge has allegedly exceeded the speed limit while operating a vehicle. Speeding is typically a minor traffic violation, requiring the payment of a fine, although excessive speeding can lead to more severe punishments.
Motorists who decide to contest a speeding ticket may request a court hearing instead. These hearings take place before a judge and might require the police officer who issued the ticket and witnesses to attend to give evidence.
What Is the Best Excuse for a Speeding Ticket in Court?
Common excuses used, often unsuccessfully, to fight a speeding ticket in court include:
- Being unaware of the posted limit
- Experiencing a medical emergency
- Driving “at the speed of traffic”
- Running late for work or for a job-related interview
- Running late to pick up drop off a child
- Being late for a medical or court appointment
- Running late for a social engagement
- Rushing to get home with hot food
- Needing the bathroom
Is There a Legitimate Reason for Speeding?
Below are some legitimate defenses that may justify speeding:
- Law enforcement actions: If a driver was speeding due to a law enforcement officer’s actions, this could be a valid defense. An example includes a motorist speeding to avoid a police car that was pursuing another vehicle due to the fear of an accident occurring.
- Emergency response: Motorists who speed because of an emergency might have a defense, but only if the individual could not avoid the emergency without speeding. Here, an example could be a driver speeding to avoid a dangerous driving maneuver that could have resulted in death or injury to the driver or their passengers.
- Driver and vehicle identity: The prosecution must demonstrate that the alleged speeder was driving the vehicle. Moreover, they must prove it was a particular vehicle that was speeding.
What To Say to the Judge for a Speeding Ticket
If attending court for a speeding ticket to fight the citation, consider the following tips:
- Be honest: Always be completely honest when discussing the case in court.
- Remain calm: Doing this helps individuals to clearly articulate themselves, which is key to providing a sound defense.
- Offer a detailed explanation: This involves providing a thorough account of what happened, including the exact vehicle speed and the difference between the actual speed and the speed limit, weather and traffic conditions, and whether there was any visible signage advertising the speed limit.
Gain a more detailed understanding of the misconceptions related to speeding tickets and find out how a seasoned Virginia traffic law attorney can help individuals facing traffic offenses by arranging a consultation with Driving Defense Law.
How Can I Avoid Points on a Speeding Ticket?
Virginia makes use of a points system to rank drivers by their relative adherence to safe driving practices and frequency of traffic violations. Consider the following tips for avoiding points when given a speeding ticket.
Avoid Immediately Paying the Ticket
In most states, individuals typically have a minimum of 30 days to pay. Rather than immediately paying the fine, which admits guilt, drivers may wish to use this period to determine the available options.
Consider Asking for a Deferral
In a deferral, the court convicts the driver but defers its findings, usually for a year. Motorists who have no citations after this period can often get their ticket dismissed. On the other hand, those who do receive another speeding ticket within the one-year period can expect their insurance premiums to rise dramatically, as both tickets remain on the motorist’s record. The deferral process usually involves paying a fee. There may be a limit on the number of times someone can ask for a deferral, depending on the state.
Attend Traffic School
Sometimes, a court may give motorists the option to attend traffic school and complete a course in exchange for ticket dismissal. This requires the driver to pay court, administrative, and class fees. Some states impose limits on the frequency of using this option, such as once every 12 to 18 months.
Fight the Ticket
Fighting the ticket typically requires attending court so the driver can argue their case, either by themselves or with a lawyer’s assistance. Motorists can present evidence and call witnesses as part of their defense, with the aim of getting sympathy or creating sufficient doubt for the judge to dismiss the ticket.
Can You Argue a Speeding Camera Ticket?
While drivers can appeal a speeding camera ticket, it is worthwhile to consider whether this is appropriate. For instance, if the speeding ticket was a result of another individual cloning the motorist’s number plate, meaning it was not their vehicle that was speeding, then appealing the ticket is worthwhile.
A driver may also decide to argue a speeding camera ticket if, after reviewing the photo evidence included in the ticket, the driver spots that while it was their vehicle that was speeding, it was another person operating the vehicle. Motorists may also decide to argue a speeding camera ticket if they feel sure that they were not speeding and that they received the ticket due to a malfunctioning camera, requiring the police to provide evidence demonstrating that the camera was in working order.
Contact a Virginia Traffic Law Attorney Today
Rather than relying on these traffic violation misconceptions to escape traffic tickets, focus more on reducing the chances of getting a speeding ticket in the first place. In addition to reducing a driver’s risk of accruing demerit points and traffic offense convictions, maintaining safe speeds appropriate to both the posted limit and the current road conditions also helps improve highway safety; for example, in 2022, 441 people died in Virginia vehicle collisions associated with speeding, as indicated by the Virginia Department of Motor Vehicles. Individuals given speeding tickets may consider contacting a Virginia traffic law attorney from Driving Defense Law to help fight for their legal rights by calling (757) 929-0335.
