Getting a speeding ticket is never fun, but it can be particularly damaging to your driving record and your wallet. A single speeding ticket can result in fines and points on your license that will drive up your insurance premiums for years to come. Fortunately, it is always possible to fight your ticket and avoid the associated penalties, and a skilled New York Speeding ticket defense lawyer can help.
The most common type of traffic ticket is for exceeding the speed limit, and there are a wide range of fines and penalties depending on how much over the limit you were traveling. If you were traveling over 20 mph, for instance, you would be facing a minimum fine of $150. Additional charges may include points on your record, license suspension, or even jail time for more serious violations.
A knowledgeable speeding ticket attorney can evaluate your case and help you develop the strongest possible defense, based on the circumstances of your case. The most common defenses are:
You Were Not Speeding
Many people assume that a speeding violation is a black and white matter of guilt, but this is not necessarily true. In fact, most judges will consider a driver’s intentions to be safe when deciding whether or not to issue a ticket.
The Circumstances Justified Your Driving
This is another common speeding defense and essentially means that you were driving at an appropriate rate of speed for the situation, considering your surroundings and other factors. This strategy requires careful evaluation of your individual case, and a skilled speeding ticket attorney in New York will be able to identify any extenuating circumstances that could be used to your advantage.
Dispute the Police Officer’s Personal Opinion
One of the primary advantages of working with a speeding ticket defense lawyer is their in-depth understanding of New York traffic laws, including local ordinances and court procedures. A speeding ticket attorney can identify any errors or inconsistencies that might be used to your advantage, such as radar readings that are inconsistent with other recorded evidence.
There was No Sign Posting
A common argument in speeding tickets is that the driver didn’t know they were going over the speed limit because there was no posted sign, or because the sign was obscured by a tree or bush. This defense often involves examining the scene of the violation and consulting with expert witnesses, in order to present an effective argument.
The Violation Was Necessary to Prevent Harm
This is similar to the circumstances justified your driving defense, but argues that you violated the law because of a higher moral or legal duty to protect others. This defense can be successful if you are able to present compelling evidence that supports your claims, such as witness testimony or photographic evidence.