If you are caught speeding, one of the first things you need to do after receiving your ticket and signing it, is to check it over for errors. A speeding ticket signed by the officer is considered to be a sworn affidavit to the court that all things stated on the ticket are, in fact, true. If the officer puts down incorrect information, it may be to your benefit.
The most important thing to check is if the officer actually signed the ticket. If the police officer did not sign your traffic ticket, generally, it is not legal. You could certainly make a motion to the court that your speeding case be dismissed as the ticket was unsigned and therefore, not legally a charge against you.
You'll also want to make sure the ticket describes correctly the vehicle you were driving when you were caught speeding. If you were driving a silver Dodge Neon and it was put down that you were driving a silver Plymouth Neon, it's no big deal and the ticket would hold up in court. However, if they put down you were in a red Subaru, it could be a fatal error and your charge would be dismissed. If the color and make is wrong, but are very similar to what you were driving, the ticket is good and will survive a court ruling.
Another fatal error to your speeding ticket may be if the officer does not put down the place you were caught speeding. If it simply states speeding at 45 in a 25 mile zone, they must also put down the street, such as Maple Street, going North just past Kensington. This will allow them to know exactly where you were driving when caught speeding. If it's incorrect or only has what speed you were going, it could get your case dismissed.
Of course, there are other errors that may occur on your speeding ticket. However, general misspellings, such as your name or address, will not do any harm to the officer's case against you. If they do not have the correct license plate, again, while it is an error, your ticket will certainly hold up in court.
If you do get caught speeding, make sure you check your speeding ticket after you've signed it for any errors. While they may not make mistakes often, don't forget that police officers are human and they can make errors like anyone else.
Fight Your Speeding Ticket
Here they are:
Make sure you are well dressed. If you are dressed inappropriately, it will be seen as an insult to the court...and this is NOT going to help your case.
ALWAYS be polite and courteous to everyone there. This includes the judge, the prosecutor, and the police officer. Also, remember that these people know each other very well. Always be nice to these people.
The idea of innocent until proven guilty is for the movies. It doesn't work like this in real life. Remember the only thing separating you and a conviction is evidence.
If you admit to anything in the court room, the charge against you can be changed at a moments notice. You can be found guilty if it comes from your own mouth. If anyone in the court room (judge, magistrate or prosecutor) asks you anything whatsoever about the ticket, be courteous...and say you would prefer not to testify against yourself.
Remember that the proof required in criminal cases is beyond reasonable count. The key word in all of this is reasonable. If you don't challenge the evidence, it will be presumed reasonable by everyone in the court room.
Remember that you are being charged for a specific speed. Not just for driving fast. The prosecution will try to show evidence that you were driving a specific amount over the limit, not that you were simply driving "fast".
You do not need to try and prove your innocence. You simply need to prove that the prosecutions evidence is either unreliable, or is inadmissible. This is an important distinction which you need to keep in mind.
Both John Murray & Jackson Jones are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
John Murray has sinced written about articles on various topics from Cover Letter, Recreation and Sports and Recreation and Sports. John Murray publishes a speeding ticket blog filled with helpful articles about how to avoid, fight, and beat your speeding ticket.. John Murray's top article generates over 110000 views. Bookmark John Murray to your Favourites.
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