Speeding cameras are a growing nuisance, and it can be frustrating to receive a speeding ticket in the mail. Many people mistakenly believe that they have no choice but to pay the ticket, but this is not true.
There are several steps you can take to fight a speeding camera ticket. The first step is to gather evidence. This may include photos of the area where you were ticketed, documentation of your speed, and any other evidence that may support your case.
Next, you will need to file a formal complaint with the court. The complaint should include a statement of facts, a copy of your ticket, and any evidence you have gathered. The court will then set a hearing date, and you will have the opportunity to present your case to a judge.
Understanding the Basics of Speeding Tickets
Speeding tickets are a common traffic violation that can result in fines, points on your driver’s license, and even license suspension. Understanding the basics of speeding tickets can help you make informed decisions if you ever receive one.
Types of Speeding Tickets
There are two main types of speeding tickets: radar and laser. Radar tickets are issued when a police officer uses radar to measure your speed. Laser tickets are issued when a police officer uses a laser beam to measure your speed. Both types of tickets are equally valid, and the type of ticket you receive will depend on the equipment the police officer is using.
Speed Limits
Speed limits are set for a reason. They are designed to help keep drivers safe and prevent accidents. When you exceed the speed limit, you are not only putting yourself at risk, but you are also putting other drivers at risk.
Consequences of Speeding Tickets
The consequences of speeding tickets can vary depending on the severity of the violation. For minor speeding violations, you may only receive a fine. However, for more serious speeding violations, you may also receive points on your driver’s license and even have your license suspended.
| Violation | Consequences |
|---|---|
| Minor speeding violation (1-10 mph over the speed limit) | Fine |
| Moderate speeding violation (11-20 mph over the speed limit) | Fine, points on your license |
| Serious speeding violation (21 mph or more over the speed limit) | Fine, points on your license, license suspension |
Pleading Not Guilty and Requesting a Trial
After receiving a camera speeding ticket, you have the option to plead not guilty and request a trial. This is a formal process where you will have the opportunity to present evidence and arguments in your defense. To initiate this process, you must file a not guilty plea with the court within the time frame specified on the ticket.
At the trial, you can present your case to the judge or jury. You can challenge the accuracy of the speed measurement, provide evidence of extenuating circumstances, or argue that there was a procedural error in the issuance of the ticket.
If you are found not guilty, the charges against you will be dismissed. However, if you are found guilty, you may face fines, points on your license, or other penalties.
Factors to Consider Before Requesting a Trial
| Reason | Pros | Cons |
|---|---|---|
| Accuracy of the Speed Measurement | – Potentially strong defense if there is evidence to support it | – May be difficult to prove without expert testimony |
| Extenuating Circumstances | – May provide a valid reason for speeding, such as a medical emergency | – Can be difficult to document and prove |
| Procedural Error | – Can lead to the dismissal of the ticket if there was an error in its issuance | – May be rare and difficult to identify |
| Cost and Time Commitment | – Requires time and effort to prepare for and attend trial | – Can be expensive if you hire an attorney |
| Potential Penalties | – If found guilty, you may face fines, points, or other penalties | – Trial could result in a more severe penalty than if you had simply paid the ticket |
It is important to carefully consider these factors before deciding whether to request a trial. If you are uncertain about your chances of success, it may be advisable to consult with an attorney for guidance.
Negotiating a Plea Deal
If you believe you have a strong defense against your speeding ticket, negotiating a plea deal with the prosecutor may be an option. This involves agreeing to plead guilty to a lesser offense in exchange for a reduced fine or penalty. However, it’s important to approach negotiations strategically to ensure a favorable outcome.
1. Gather Evidence
Before negotiating, gather evidence to support your defense. This may include witness statements, photos or videos of the scene, or proof of calibration issues with the camera.
2. Contact the Prosecutor
Request a meeting with the prosecutor assigned to your case. Be prepared to present your evidence and explain the reasons why you believe you should receive a reduced penalty.
3. Be Willing to Compromise
While you should not compromise your core defense, be open to reasonable concessions. For example, you could agree to plead guilty to a lower speed violation or accept a slightly higher fine in exchange for avoiding points on your license or a mandatory driving course.
4. Consider the Strength of Your Defense
Evaluate the strength of your defense before negotiating a plea deal. If you have a strong case, you may be able to negotiate a significant reduction or even a dismissal of the charges. However, if your defense is weaker, you may need to accept a more lenient plea deal to avoid a worse outcome.
| Strength of Defense | Potential Plea Deal |
|---|---|
| Strong | Significant reduction or dismissal |
| Moderate | Reduced fine or penalty, avoiding points or driving course |
| Weak | Acceptance of a more lenient plea deal to avoid a worse outcome |
Filing a Motion to Dismiss the Ticket
If you believe you have a strong case for dismissal, filing a motion to dismiss the ticket is a viable option. This motion, typically filed with the court that issued the ticket, requests that the judge throw out the case based on specific legal arguments. The motion should be well-written, supported by evidence, and filed within the specified time frame indicated on the ticket.
1. Gather Evidence
Before filing a motion, gather any evidence that supports your case. This may include:
- Proof of calibration or malfunction of the speed camera
- Evidence of a medical or emergency situation that prevented you from driving within the speed limit
- Witness statements or dashcam footage contradicting the camera’s reading
2. Review the Legal Grounds
Familiarize yourself with the potential legal grounds for dismissal, such as:
- Lack of probable cause
- Violation of due process rights
- Unconstitutional application of the law
3. Draft the Motion
Craft a well-organized motion that clearly states the legal grounds for dismissal. Support your arguments with evidence and legal citations. The motion should be concise, but include all necessary details.
4. File the Motion
File the motion with the appropriate court, typically the traffic court or municipal court that issued the ticket. Ensure you file within the specified time frame, as failing to do so may result in the dismissal of your motion.
5. Attend the Hearing
Once the motion is filed, you may be required to attend a hearing to present your arguments to the judge. Be prepared to provide evidence and explain your legal reasoning. The judge will then consider your motion and make a decision on whether to dismiss the ticket.
Trial Procedure
1. **Attend the hearing:** Arrive on time for your scheduled court appearance.
2. **State your plea:** Enter a plea of “not guilty” to the speeding charge.
3. **Present your defense:** Outline your arguments and provide evidence to support your case.
4. **Cross-examine the prosecution’s witness:** Question the officer who issued the ticket to challenge their testimony.
5. **Closing arguments:** Summarize your case and explain why the judge should rule in your favor.
6. **Waiting for a decision:** The judge will consider your arguments and decide on the outcome of the case. This may take some time.
Presenting Your Defense
Argument |
You were not speeding. | Dashcam footage, GPS data, witness testimony | The camera was malfunctioning. | Calibration records, maintenance logs | There was an error in the ticket. | Incorrect vehicle description, inaccurate speed measurement | The speed limit was not clearly posted. | Photos of the area, witness testimony | You had a valid reason for exceeding the speed limit. | Emergency situation, avoiding an accident | You were not the driver of the vehicle. | Proof of alibi, witness testimony |
|---|
| Option | Details |
|---|---|
| Dispute by Mail | Some jurisdictions allow you to dispute the ticket in writing, providing evidence to support your claim. |
| Traffic School | Attending a certified traffic school can result in the dismissal or reduction of the ticket, but may incur additional fees. |
| Deferred Adjudication | This option allows you to avoid a conviction on your driving record if you complete certain requirements within a specified period, such as paying the fine or attending traffic school. |
How to Fight a Camera Speeding Ticket
Getting a camera speeding ticket can be frustrating, but it’s important to remember that you have options to fight it. Here are the steps you should take:
- Review the ticket carefully. Make sure the information is accurate, including the date, time, location, and speed you were clocked at.
- Gather evidence. If you believe you were not speeding or if there was an error in the ticket, gather any evidence you can to support your claim. This could include photos or videos of the area where you were ticketed, or witness statements from passengers or other drivers.
- Contact the court. You will need to contact the court that issued the ticket to request a hearing. The court will provide you with instructions on how to submit your evidence and schedule your hearing.
- Attend your hearing. At your hearing, you will have the opportunity to present your evidence and argue your case. The judge will then make a decision on whether to uphold the ticket or dismiss it.
If you are successful in fighting your camera speeding ticket, you will not have to pay the fine or points on your driving record. However, even if you are unsuccessful, you may be able to get a reduction in the fine or points by negotiating with the prosecutor.
People Also Ask About How To Fight a Camera Speeding Ticket
Can I fight a camera speeding ticket by mail?
In most cases, you cannot fight a camera speeding ticket by mail. However, some jurisdictions may allow you to submit a written plea by mail. Contact the court that issued the ticket to find out if this is an option.
What are my chances of winning a camera speeding ticket?
Your chances of winning a camera speeding ticket depend on the strength of your evidence and the arguments you present at your hearing. If you have strong evidence to support your claim that you were not speeding or if there was an error in the ticket, you have a good chance of winning.
What are the penalties for a camera speeding ticket?
The penalties for a camera speeding ticket vary depending on the jurisdiction. However, most jurisdictions impose a fine and points on the driver’s license. In some cases, drivers may also be required to attend traffic school.
