Bottom line, to fight a speeding ticket you plead not guilty. You can do so in person on the date scheduled for your initial appearance, or you may be able to call the court before and request a court trial or a trial by written declaration. You likely will have to pay the bail up front (should you win, you then get it back in time).
Full Answer
What to Say in Court for a Speeding Ticket
You want to delay the ticket because:
The best option for saving the insurance is to fight the ticket by setting a court date. Most speeding tickets (98%) are either dismissed or reduced on the court date. Meetings with the prosecutor are called: In these meetings, the prosecutor tries to get the driver plead guilty.
In some cases the answer is YES, you need a lawyer to fight speeding tickets especially if you were cited for a misdemeanor which is very rare. In California, almost all of the speeding tickets are infractions unless there was another circumstance in addition to the speeding charge.
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.
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.
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.
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.
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.
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. ...
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.
Many people hire attorneys for tickets because good attorneys know the courts, the prosecutors and the judges and know what kinds of outcomes you can expect from each.
If the prosecutor won’t cut a deal, ask him/her to speak to the police officer. Sometimes, if you were nice during the traffic stop, the officer will go to bat for you. If the two of them won’t budge, have the hearing. You’re there anyway. Advertisement.
You will then probably stand in line. The prosecutor will have your file. Your file contains your ticket and your driving record. The officer may or may not be there.
If you do not respond in time you can be held responsible for the ticket, more fines and costs will be added to what you would have had to pay, and a warrant may even be issued for your arrest. Some states ask you to enter a plea of some sort when you respond to the court.
Not guilty or Not responsible is how this process starts. The court will then give you a date. Some states have two kinds of hearings you can ask for: an informal and a formal. Sometimes, if you do not like the outcome of the informal, you can then take your case to the formal. The ticket will explain if this is the case.
Many people who get traffic tickets will simply pay them. They get points on their licenses and move on with their lives. If you don’t want to do that, you could hire an attorney to fight the ticket for you, but you may also be able to successfully fight the ticket without hiring counsel. There are no guarantees here, but this is how it could work.
But there is a lot of wiggle room in there. Every case the prosecutor can resolve by way of agreement is one less that has to be dealt with later. Advertisement. Some states also offer diversion programs where those with clean driving records can attend classes or simply stay out of trouble for a while.
On the date of hearing the officer who issued the ticket must remain present and testify against you. However in many cases the officer will not be in a position to attend the court and the prosecution will request an adjournment. If the officer does not appear you should not consent to an adjournment.
Even if your motion to dismiss on the grounds of non-appearance of witness is denied, you can move another motion to dismiss on a different ground:
You should use the opportunity to discredit the main prosecution witness – the police officer. Ask questions about the details of your car and surroundings of the place where you were stopped for speeding. Focus of details which the officer is unlikely to remember at the time of trial such as a few dent marks on the front door of your car.
If you have been issued a speeding ticket, consult with an experienced traffic violation attorney. With the assistance of an experienced attorney, you can beat the speeding ticket in court.
After you have safely arrived at your destination, read over the instructions on how to pay your speeding citation. Usually, you will have the option to pay online , by phone or at your local municipal courthouse. There should be a contact number listed on the ticket ...
On this ticket will appear your contact and personal information, the location of your offense, the officer’s name, the posted speed limit, the speed you were going when the officer first signaled you to pull over, and a preliminary court date for the offense. If any of your contact information is incorrect, notify the officer so that he or she can make the proper changes.
The first option is to pay the fine in full before the court date that is printed on the ticket. The second option is to appear in court to see if you can get the citation dismissed.
Travel. Receiving your first speeding ticket is not only an emotional experience; it can also be a financial burden. Different states and municipalities have their own unique rules and regulations regarding speeding tickets. Although you should always follow any instructions you read on the citation or are given by the officer, ...
Stay respectful and level headed. Remember that speeding tickets are completely preventable. If you drive at or below the posted speed limit all of the time, you will never have to worry about the hassle of a speeding ticket.
If you feel that you have received a speeding ticket undeservingly, then it is worth a chance at fighting for it’s dismissal. Sometimes, all it takes is for the officer not to show up in court, or not to have his paperwork to match your citation, for your ticket to be dismissed.
Do not show up unprepared. If you choose to appear in court for your speeding ticket, be aware that you may be required to pay court costs. Here are several pieces of advice from an attorney if you want to try and beat your ticket: Know about the ticket you’ve received.
Another common plea is to reduce a ticket down to a charge of improper equipment - not having a seatbelt, in other words. It is a similar deal to the non-moving violation: you pay a fine (probably the same amount as a speeding ticket), but you get no points on your record.
In addition to the fine from the ticket itself, there are a lot of other hidden costs: administrative (court or ticket processing) fees and increased insurance premiums are the most common consequences.
If you ask for proof and the police cannot provide records or testimony of the person who maintains the equipment, you might get the ticket dismissed. Use pre-trial and trial tactics: the most popular “trick” is to reschedule the hearing multiple times and hope that the cop doesn’t show.
Another trick is to ask for discovery (a copy of all evidence that the prosecutor will use) close to trial. A busy prosecutor might let the deadline slip. If so, they can’t produce that evidence at trial and consequently, they’ll have no way to prove the case.
You’ll likely pay the same fine as you would have for speeding, and the judge has to approve the deal, but at least you won’t get points on your record. (A judge can go against the prosecutor’s recommendation and reject the deal, but it is rare.)
Repeat offenders, obviously, probably won’t get much sympathy. Also, for those travelling at extremely high rates of speed, a deal for improper equipment or a non-moving violation is unlikely. In fact, in some states, drive fast enough and you’ll be facing criminal charges for reckless driving.