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Speeding tickets can be more than just a nuisance. Sometimes, they can lead to significant fines, points on your license, and increased insurance premiums. That’s why understanding your legal rights and possible defenses is crucial.
At the Law Offices of Steven J. Pisani, our criminal attorneys in Denver are here to explain how you can beat a speeding ticket.
Speeding tickets in Colorado come in various forms. You might receive a citation for exceeding the posted speed limit or driving at a speed considered unsafe for current conditions. Knowing the type of ticket you’ve received is the first step in creating a defense strategy.
Officers issue speeding tickets for several reasons. You might have been caught in a speed trap, driving in a school zone, or not adjusting your speed in adverse weather conditions. Each situation requires a different approach to defense.
The consequences of speeding tickets can be severe. Beyond the immediate fine, you could face points on your driving record, leading to higher insurance rates and even a suspended license. Understanding these penalties can help underscore the importance of contesting your ticket.
If you decide to fight a speeding ticket, you have several options. These are described here.
Inaccurate Estimation of Speed by the Officer
Officers often rely on visual estimations to determine speed. However, these estimations can be subjective and inaccurate. By questioning the officer’s ability to accurately gauge speed, you might cast doubt on the validity of the ticket.
Questioning the Officer’s Vantage Point and Conditions During the Incident
The conditions under which the officer observed your speed can also be contested. Factors like poor visibility, obstructed views, or an unfavorable vantage point can all affect the accuracy of the speed estimation.
Radar and Lidar Inaccuracies
Radar and Lidar devices are commonly used to measure speed, but they aren’t infallible. These devices can produce incorrect readings due to interference or technical malfunctions, giving you grounds to challenge the ticket.
Calibration and Maintenance Records of the Device
Speed measuring devices must be regularly calibrated and maintained. Requesting the calibration and maintenance records can reveal if the device was overdue for a check-up, which can invalidate the speed reading.
Operator Error or Improper Use of the Device
Even the best equipment can fail when used incorrectly. If you can prove that the officer did not operate the radar or Lidar device properly, this can serve as a robust defense.
Driving to Avoid Harm or Danger
Sometimes, speeding is necessary to avoid imminent danger. If you were speeding to get out of a hazardous situation, this could be a valid defense.
Medical Emergencies Requiring Urgent Travel
Medical emergencies often necessitate urgent travel. Providing documentation of a medical emergency can help justify your speeding.
Similar Vehicles in the Vicinity
If there were several cars similar to yours in the area, it’s possible the officer mistakenly identified your vehicle as the one speeding. Highlighting this can create reasonable doubt.
Lack of Clear Identification of Your Vehicle
If the officer cannot clearly identify your vehicle as the one speeding, this weakens the prosecution’s case. Showcasing this lack of clarity can be a strong defense.
Misunderstanding Speed Limit Signs
Speed limit signs can sometimes be confusing or placed in locations where they are easily missed. If you can prove that you misunderstood the speed limit, this might be considered a mistake of fact.
Obstructions Blocking the Speed Limit Signs
Sometimes, speed limit signs are obscured by trees, buildings, or other obstacles. Demonstrating this can support your argument that you genuinely did not know you were speeding.
Adverse Weather Conditions Justifying Higher Speed for Safety
In certain weather conditions, driving faster than the posted speed limit might actually be safer. For example, driving quickly to avoid a rapidly developing storm.
Road Conditions Necessitating Speed Adjustments
Sometimes, road conditions require a different speed for safe driving. If you can prove that your speed was appropriate for the conditions, this can be a solid defense.
Absence of Visible Speed Limit Signs in the Area
If there were no visible speed limit signs, you could argue that you were unaware of the speed limit. Photographing the area to show the absence of signs can bolster your case.
Inadequate or Confusing Signage Leading to Unintentional Speeding
Confusing or inadequate signage can lead to unintentional speeding. This can be a compelling defense if you can prove that the signage was misleading.
You can do a few things to improve your chances of beating your speeding ticket.
Building a strong defense requires gathering evidence. This might include photographs, video footage, and other documentation supporting your case. The more evidence you have, the stronger your defense will be.
Witness statements and expert testimony can be invaluable. Witnesses can corroborate your version of events, while experts can provide analysis that supports your defense.
Preparation is key for a successful defense. Understand the legal procedures, organize your evidence, and rehearse your arguments. The more prepared you are, the better your chances of winning. Skilled criminal attorneys in Colorado can help you prove your case and fight for your legal rights.
At the Law Offices of Steven J. Pisani, our criminal attorneys in Colorado have the experience, knowledge, and dedication to help you protect your rights. We understand the intricacies of traffic law and can provide the guidance you need to beat a speeding ticket.
Speeding tickets can be a significant hassle, but they don’t have to be an insurmountable problem. You can effectively contest a speeding ticket by understanding your rights and the potential defenses available to you. Consider hiring experienced criminal attorneys in Denver to help guide you.
Contact the Law Offices of Steven J. Pisani today for a consultation with our criminal attorneys in Colorado and take the first step toward a successful defense against your speeding ticket.
