may be able to go beyond the speed limit depending on the
condition at the time (clear weather, light traffic, etc.).
- The Basic Speed Limit Law – This basically states that
your vehicle may be able to go beyond the speed limit depending on the
condition at the time (clear weather, light traffic, etc.). However, even if
you did not exceed the speed limit, an officer still has the choice to ticket
you if he finds that your speed was unsafe under the condition and
circumstances at the time (bad weather, congested traffic, etc.).
Your first step is to find out and determine what kind of
speed limit law your state has. You can find those in any traffic law reference
for your state from the library, or you can search for that online by typing in
you “[your state] speed limit law” in a search engine such as www.google.com
Here is how to fight for your ticket:
- If your state has the Absolute Speed Limit Law: If you are
ticketed for driving past the speed limit when your state has the absolute
speed limit law, then the proper defenses that you can make are as follows.
- You needed to exceed the speed limit to evade serious harm
to yourself or others. This means that it is NOT okay to say that you were
speeding up because you needed to come home to go to the bathroom because there
were no places to go the road. However,
it is a good defense if you were speeding to get to a
doctor’s office a mile away because you suddenly experienced a severe chest
pain and needed to save yourself from serious harm. It would also be a good
defense if you were speeding to save yourself from collision with another
vehicle, avoiding an accident. If you did not try to speed to save yourself
from an accident or any means of saving yourself or another from harm, then
continue on to the next possible defense.
For example, if there were other cars around you, all of
which were speeding, you can
make a defense that you were going at above the speed limit
because you were afraid that going any slower would be potentially hazard and
likely to produce an accident if you did not increase your speed to go along
with the flow of traffic around you at that time. Remember exceeding the speed
limit is fine that as long as you did it to avoid harm to yourself or another.
- Your officer may have confused you with another car. If
this is the case, then you can make a statement that there was a similar
looking car (may be with the same make and/or model with yours). This is a good
defense to make especially if there was a curve in the road. It is very likely
that the officer came to stop the wrong car after losing sight of yours around
the curve.
- If you don’t think that the officer had stopped the wrong
car, then the last method of defense you can do is you need to criticize the
officer’s method on how he concluded that you were speeding. This is a lengthy
one. I will cover this section a little bit later.