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January 23, 2014

Should I Fight my Speeding Ticket?

Category: Blog, Uncategorized | Tags: , , ,

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Do you want to get out of a speeding ticket or do you want to try one and be successful in court?

To decide what to do when you get a speeding ticket, let’s address the basic factors surrounding a speeding violation.

What Does a Speeding Ticket Bring?

Speeding tickets are moving violations that show up on your driving record. If the Missouri State Highway Patrol issues you a ticket, it is a 3 point violation on your driver’s license. Eight points in eighteen months will get your license suspended. Twelve points in twelve months will revoke your license to drive.

Many rural counties have mandatory jail time for speeds of 100 mph or over. In Andrew County, let’s say, you will get a fine, three points on your license and at least two days in jail. The prosecutors and judges make no exceptions. Therefore, you might as well try the case.

How do you try to escape a speeding ticket conviction?

One method is the amendment. For paying an increase in fines and court costs, a driver can get the speeding ticket amended to a non point non-moving violation that will not show up a driving record.

If you want to go the trial route, it will be your word against the officer.

How do they know you were speeding?

There are several ways to prove you are speeding including radar, airplane and pacing.

Radar can be moving or stationary. The radar gun must be properly maintained as well as the tuning devices. If the officer can establish that the radar gun was properly maintained and tested, a driver can have a difficult time in court. Officers are trained to observe the car speeding first, then look at the radar gun read out. They will testify that they observed your car driving faster than the normal flow of traffic and that is what drew their attention to your car.

Do you ever see those white boxes on the interstate? That is where a patrolman in an airplane will start to clock you. Do you notice the next white box? That is the end of the timing. They simply use time and distance covered to calculate the speed. On down the road, you might see an officer pull you over.

Have you ever been cruising down the road listening to music and suddenly patrol lights come on behind you? You might have been paced. The officer will testify that he followed at a consistent distance for at least half a mile or longer and that he was driving X miles per hour over the speed limit and therefore, so were you. Pacing is the hardest to beat.  You aren’t going to find an officer who doesn’t know how fast he was driving as he was following you.  The other methods are attacked by attacking the radar gun or the stop watch.

These examples are simplified for this article. There are more complex and legal means available to defend against a speeding ticket. To consult an attorney who understands these details, contact Daniel C. Miller Attorney at  (816) 875-0470.