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Can you actually fight a speeding ticket?

On Behalf of | Feb 28, 2021 | Criminal law

Many people, when given a speeding ticket, assume that they simply have to pay. They don’t even consider their options. They just cut the check, no matter how difficult it is to afford such a sudden expense, and hope it doesn’t happen again. 

The truth, though, is that you can absolutely contest a speeding ticket, just as you would with any other citation or charge. You don’t have to accept it and pay immediately. 

What defenses might you use?

First and foremost, some will point out that you can get out of a contested ticket if the officer is too busy and fails to come to court. This is true, and it may be the fastest way to get out of paying. That said, most officers do go to their court dates, so it probably won’t be that easy. You take a big risk if you decide to take your chances that will happen.

Other defenses you may use include:

  • Arguing that the radar gun was used improperly or had not been calibrated and tested. Was that speed even accurate? 
  • Claiming that you weren’t breaking the speed limit at all. Maybe you got pulled over for going 55 miles per hour because the officer thought you were still in a 45-MPH zone, but you’d actually just left it.
  • Saying that the officer pulled over the wrong car. If you have a simple gray SUV or a black sedan, it may look like 90% of the other cars on the road. Did the officer clock the speed on someone else’s car, lose sight of them, and then pull you over?

If you do decide to fight the ticket, just be sure you know exactly what steps to take moving forward.