how does a lawyer fight a speeding ticket

Challenge The Officer's Subjective Conclusion

In many states, with many tickets, it's possible -- and sometimes even fairly easy -- to challenge the police officer's view of what happened. This...

Challenge The Officer's Observations

In cases where your state law requires an objective observation by the officer (not a judgment call about whether your action was safe), it often b...

Prove Your Conduct was A "Mistake of Fact"

Judges are allowed some leeway in considering circumstances beyond your control. If you can show that you made an honest and reasonable error, a ju...

Prove Your Conduct was "Legally Justified"

You may also successfully argue that your actions were "legally justified" considering the circumstances of your alleged violation. For example, if...

Prove Your Conduct was Necessary to Avoid Harm

Emergencies not of your own making are often another legal "necessity" defense, recognized in all 50 states. To take an extreme example, you should...

What Is a Speeding Ticket?

Law enforcement officers issue speeding tickets to individuals who violate traffic laws by exceeding the posted speed limit. The ticket notes the fine the offending driver must pay.

What to Do After Receiving a Speeding Ticket

After an officer gives you a speeding ticket, you have two options: pay the penalty, or fight it in court. If you are not at fault or the ticket was unjustified for any reason, contest the ticket rather than pay the penalty.

When to Hire a Speeding Ticket Lawyer

Most individuals who receive a speeding ticket simply pay it, but if you want to take the ticket to court, knowing how to fight a traffic ticket and hiring a lawyer may benefit your case. With a legal advocate’s help, the judge may decrease your penalties or remove them entirely.

How to Choose a Speeding Ticket Attorney

Before you hire a traffic ticket lawyer, learn the different types of lawyers who handle speeding violations.

How to Fight a Speeding Ticket in Court

After you choose the right lawyer for your specific needs, plan on having an in-depth consultation where you discuss your case. Prepare and compile the information of your case before your consultation.

Other Best Practices

When finding a specialty speeding ticket lawyer, always choose a legal advocate in your area. Local speeding ticket lawyers know your local traffic laws, ensuring a more accurate defense built on the latest traffic laws and regulations.

Work With an Experienced Local Lawyer

Now that you know how to fight a speeding ticket in court, are you ready to find a lawyer?

Why You Should Fight A Speeding Ticket

The repercussions from your speeding ticket can snowball into serious problems.

How A Philadelphia Lawyer Will Help

When you are up against a traffic violation, you need an attorney who will stand by you every step of the way, work hard to discredit any evidence – and work with you to determine your best course of action.

Questions? Contact us today

Based on the evidence, a Philadelphia lawyer from Fienman Defense will try to get your traffic violation charges dismissed or lowered. Should the case go to a hearing or trial, we will fight to present the strongest defense possible for your situation.

How do lawyers win a case?

Lawyers Often Have Relationships With Judges or Prosecutors. One of the best ways to win a case is to be friends with the judge and the prosecutor. Unless you’ve spent a lot of time in the courthouse, odds are you won’t have that kind of relationship with them.

How much does speeding ticket increase insurance premiums?

Speeding tickets have been shown to increase automobile insurance premiums by around 23.2%. If you’re paying the average price for insurance, you could lose another $341 in insurance premiums this year. But that’s not the end of it. Insurance investigators can typically see up to four years of your driving record.

How many points do you get for speeding in New York?

Almost every state in the country uses some kind of point system. In New York, for example, that point system lists speeding tickets at between 3 and 11 points. Get 12 points on your license within 18 months and you’re looking at a suspension. Beat your ticket, however, and you’re looking at a point-free license.

Why do lawyers charge fixed fees?

Prices vary between law firms, but most only cost a fraction of the ticket value. Some lawyers use fixed prices to help ensure that everybody is treated fairly. Others offer prices based on the difficulty of the case and how likely they are to win.

Why is it important to get a lawyer?

That’s because, with a good lawyer, you will have a much better chance of beating the traffic charges. Getting a lawyer is important. But even more important is getting a good lawyer. Knowing what to look for in a lawyer can make or break your case. Here are a few questions you should ask when looking for a lawyer.

What is an expert witness in traffic?

Police officers are often considered expert witnesses on the subject of traffic tickets. That means what they say is likely going to be viewed as more credible than what you say. The best way to get through that defence is to use their own words against them. That’s where an attorney comes in.

Do prosecutors like to represent themselves?

Hire a lawyer and that added muscle just might be what you need to convince the prosecutor to offer you a plea deal—or better. Prosecutors tend not to want to go up against other legal experts, as that tends to be much more difficult than going up against lawyerless individuals.

What to do if you fight a speeding ticket?

If you plan to fight the ticket, you’ll have to go to court, where a prosecutor will have to prove you were speeding. Even if you think the ticket is unjustified, speeding violations are hard to beat. If the officer doesn’t show up at the hearing, you could be off the hook, but don’t rely on that. If you ask for a hearing, plan to make your case ...

How much does a traffic lawyer cost?

A traffic lawyer costs between $250 and $350 on average nationally, according to Thumbtack, an online marketplace for service professionals. A speeding ticket costs anywhere from $50 up to $2,500 in some states in the severest cases.

How much does a 40 year old driver pay for a speeding ticket?

On average, a 40-year-old driver with good credit and minimum coverage will pay $148 more per year with one speeding ticket on their record. If you do end up accepting the speeding ticket, it’s crucial to compare car insurance ...

What is mitigation in court?

“Mitigation” is making a deal with the prosecutor and court; it saves the jurisdiction money by avoiding a hearing while lowering your penalty for the ticket. You may be able to request a negotiation before or at your hearing, but it’s the court’s decision, so check on the court’s website or call to be sure. In some areas, you must request mitigation in writing.

What to do if a police officer doesn't show up?

If the officer doesn’t show up at the hearing, you could be off the hook, but don’t rely on that. If you ask for a hearing, plan to make your case and be questioned before a judge. Check the ticket to find out whether a state, county or local officer issued it and search online for traffic procedures in that jurisdiction.

What to do if police officer can't remember you?

Be polite, don’t argue, and try to be unremarkable. If the officer can’t remember you, he or she might fail to recall details in front of a judge.

Does paying a speeding ticket affect your record?

You pay all or some of the ticket, but it doesn’t affect your driving record. You take a driving course instead of paying the speeding ticket. The ticket is reduced to a lesser fine. You’re given extra time to pay the fine.

What does a traffic lawyer know?

Traffic lawyers know the players, the economic directives, the ever-changing laws and the processes by which cases get resolved in their local traffic courts. A case may be dismissed outright if: The issuing officer doesn't show up as complaining witness.

How to dismiss a traffic case?

Traffic lawyers know the players, the economic directives, the ever-changing laws and the processes by which cases get resolved in their local traffic courts. A case may be dismissed outright if: 1 The issuing officer doesn't show up as complaining witness. 2 There is a bargain for a case dismissal in exchange for pleas on other nonmoving violations. 3 The defendant first agrees to an unsupervised probationary period and pays all or part of the fine.

What happens when you get a moving violation?

You probably aren't aware of it, but when you receive a moving violation, you enter the complex machinery of your local municipal or county traffic court, where negotiation is more the rule than the exception.

Can you get dismissed for a traffic ticket in Florida?

Yes, because they know the technicalities," says Brenda Di Ioia, chief traffic magistrate for Broward County Courts in Fort Lauderdale, Florida. "They also know which ones they can't get dismissed," she adds. "When the ticket is perfect, nobody is going to be able to do anything for you, so they plea (bargain) those.

Do traffic ticket lawyers have money back guarantee?

These traffic ticket lawyers often devote their entire practice to traffic tickets, sometimes handling hundreds per day. Some even offer a money-back guarantee if they fail to get your fine reduced or keep the ticket off your record.

Does Eutsler have an interest in a ticket?

Like most traffic attorneys, Eutsler has no interest whatsoever in whether you're innocent or guilty. For a ticket attorney, it is far more important to know who ticketed you and where. That determines the court in which your case will be called.

What can a traffic lawyer do?

A traffic lawyer can negotiate a different punishment. If the court is unwilling to lower your fine or dismiss your ticket, a lawyer can often negotiate something for you to get you a better deal. One common trade-off is agreeing to go to traffic court for a lesser fine.

Why is it important to go to traffic court?

This is the main reason why it’s always a good idea to go to traffic court. If you have multiple offenses, some traffic tickets can cost a lot of money and really hurt your bank account. A lawyer can contest the fine or get the ticket dismissed altogether. You may need evidence for court that you don’t have access to.

What happens if a traffic ticket isn't valid?

Every traffic violation has specific criteria that must be met. If something is missing, the ticket isn’t valid, and it gets dismissed. If the ticket was issued correctly, there’s a chance that a skilled lawyer can get the fine reduced or avoid points issued to the client’s driver’s license by plea bargaining.

What happens if you sign a ticket?

Signing and paying the ticket is an admission of guilt and counts against your record. This can have some long term consequences. Your car insurance rates can skyrocket, and you may even face the loss of your driver’s license if you have other violations on your driving record.

Why do people use cameras at traffic lights?

Some even use cameras at traffic lights to automatically catch people running red lights and to send them a ticket. As a result, more and more tickets are being given out every year. It’s an easy way for small governments to generate revenue.

Can you fight a traffic ticket in court?

Surprisingly, the answer is yes. You can fight traffic tickets in court. If you want the best chance at being successful, it’s a good idea to find a traffic ticket lawyer that can help. Because they know the law inside and out, you’re more likely to get a lesser fine or even have the ticket dismissed altogether.

Is a traffic ticket negotiable?

Most of the time , the answer is yes. Most people don’t realize that most traffic tickets are negotiable. No one advertises that, and the truth is that most people just pay their ticket without giving it a second thought. While you might pay the fine to save yourself the time of having to go to traffic court, there is a big downside to accepting ...

How to fight a traffic ticket?

One strategy is to dispute the police officer's personal opinion because you might be able to challenge the officer's judgment.

How to dispute police officer's presentation of evidence?

Another strategy is to dispute the police officer's presentation of evidence by presenting eyewitness statements from others that can confirm your story, using diagrams to show what happened, and presenting photos of the scene of the alleged traffic violation. You can also present evidence that the traffic violation was a mistake of fact, ...

What happens if an officer doesn't show up?

Since everyone has a constitutional right to question their accuser, when an officer doesn't show up, it usually results in an automatic dismissal of the ticket. There are a couple actions you can take to increase your chances of getting a no show.

Can you get a traffic ticket dismissed?

Getting the Traffic Ticket Dismissed. First of all, it's usually best to not pay the ticket if you have decided to try to get it dismissed. Although it's not true in all states, a lot of times paying the ticket is an admission of guilt. Of course, don't just ignore the ticket - find out how you can get your day in court to fight the ticket.

Is it better to pay a traffic ticket or fight it?

Most people find it easier to just pay a traffic ticket than to try to fight it. This is especially true if the ticket is for a minor traffic violation. However, there are times when the time and energy to fight a ticket is worth it. For example, if the traffic ticket would lead to too many points on your driver's license or higher insurance ...

Is a traffic violation a mistake of fact?

You can also present evidence that the traffic violation was a mistake of fact, is a mistake that the driver made about the situation. For example, making an illegal right turn because the no right turn sign had been blown over by wind would be a mistake of fact.

Is a traffic ticket a criminal offense?

While a traffic ticket is technically a criminal violation, most states have a separate court to deal with traffic violations. These courts typically have fewer procedures and people can usually handle the process without an attorney. But, if you have questions about your ticket or would like to learn about your legal options, ...

How to contest a speeding ticket?

When it comes to contesting a speeding ticket, you have a variety of options in terms of the route you take. When you contest a ticket, you must enter a plea.

How to avoid losing money on a speeding ticket?

However, the best way to avoid losing money over a speeding ticket is to simply plead "not guilty" and fight the ticket in court. You should only plead "guilty with explanation" if you were speeding due to an emergency.

What to do if you are speeding due to an emergency?

If you were speeding due to an emergency, consider pleading "Guilty with explanation," which may prevent your insurance premiums from going up. Otherwise, to fight your ticket you'll need to plead "Not guilty" and challenge the officer's measurement of your speed or their identification of your vehicle.

How to set a court date for a not guilty plea?

You can appear before a judge and enter a Not Guilty plea as well as a request for a court date. You could go to the County Clerk's office and request a trial date. You could mail a copy of the citation to the courthouse, along with a request for a trial date.

What to do when you are pulled over for speeding?

Follow standard procedures when you're first pulled over. You want to make sure you behave in accordance to the law when you're pulled over for speeding. This way, your character will look good during trial and you're more likely to successfully avoid a speeding ticket.

What happens if an officer asks to search a vehicle?

If the officer asks to search the vehicle, you have the right to refuse. A search warrant is required without probable cause. If the officer says he will get a search warrant, politely tell him to do so and continue to refuse a search. ...

How to be a good judge?

Choose appropriate attire. When you enter the courtroom, you need to make a good impression on the judge. Choose an appropriate and professional looking outfit. Dress as if you were interviewing for a job. This will make you appear reliable and responsible.