The first question you might ponder, upon receiving a speeding ticket, is whether it is even worth fighting. After all, you are guilty, the officer caught you with radar, and you aren’t confident that you can beat it. You may be right. But it is worth the fight. Why?
In addition to the fine from the ticket itself, there can be a lot of other hidden costs: administrative (court or ticket processing) fees and increased insurance premiums are the most common consequences. In some areas, like New York City, you may also get hit with a driver responsibility assessment - basically a tax you pay until some of the points “age” off of your driving record.
In short, conceding defeat and paying the ticket can cost you many times the original amount. Contesting the ticket may seem hopeless, but there is often a middle ground between outright “beating” a ticket and pleading guilty and paying the fine: a ticket reduction, which likely means fewer points on your license and fewer collateral costs beyond the original citation.
How To Fight A Speeding Ticket
We could write - and have written - thousands of words on how to fight a speeding ticket. Our strongest recommendation is that you find a local, experienced attorney to help you fight your ticket. According to this helpful post by an attorney, here is a quick checklist of common strategies:
- Check the ticket for mistakes.
- Check RADAR and LIDAR calibration.
- Use pre-trial and trial tactics.
- Confirm identify (only for camera tickets).
- Verify signage, particularly for school zone tickets.
Now for the nitty-gritty on each:
- Check the ticket for mistakes: though a misspelled make or model of the car won’t win your case, a misidentified law, a mistake that reasonably calls into question the officer’s accuracy, or a mistake that makes it more difficult to defend the case can be your get-out-of-ticket free card.
- Check RADAR and LIDAR calibration: for RADAR and LIDAR tickets, the equipment used to “clock” your speed must be calibrated regularly. If you ask for proof and the police cannot provide records or testimony of the person who maintains the equipment, you might get the ticket dismissed.
- Use pre-trial and trial tactics: the most popular “trick” is to reschedule the hearing multiple times and hope that the cop doesn’t show. This rarely works, as most cops are paid overtime for court appearances and resent having their schedule messed with by a defendant. Another trick is to ask for discovery (a copy of all evidence that the prosecutor will use) close to trial. A busy prosecutor might let the deadline slip. If so, they can’t produce that evidence at trial and consequently, they’ll have no way to prove the case.
- Confirm identify (only for camera tickets): in some states, such as Washington, all you need to do to beat a camera ticket is to swear, under oath, that you were not the driver and it will be tossed. (Note: we are not advising you to lie under oath - a serious offense.) You typically aren’t required to tattle on the real driver either.
- Verify signage, particularly for school zone tickets: verify that signage warning you of the school zone was present and lights, if any, are working. Check the time of the offense against school hours - in some states, this includes after-school activities and pretty much any other time a child could reasonably be expected to be in or near the school.
How To Get A Speeding Ticket Reduced In Court
We’ll start with the bad news: in a few places, you simply can’t. In New York City, for instance, there are no plea bargains or reduced tickets for ordinary speeding offenses. Tickets are a win-lose scenario and are handled by the Traffic Violations Bureau (TVB), an extension of the DMV.
In most other jurisdictions, there is a lot more room for wheeling and dealing. Once you’ve prepared your defense: examined the ticket for defects, made discovery requests, and explored any other options at your disposal, it becomes negotiating time. You (or your lawyer) will reach out to the prosecutor and ask for a deal. Depending on local procedures, you may be able to do this ahead of time (even via email in some forward-thinking places), while in other cities, you’ll have to wait until the date of the hearing and try to strike a deal in the hallway.
Do you need a lawyer? Not technically. Anyone competent (a low bar) can represent themselves in court. But hiring an experienced traffic ticket lawyer makes sense for many reasons: you won’t have to become an expert in local traffic law, you (probably) won’t have to attend the court hearing, and your lawyer will know what deal is worth taking and when it is worth fighting for more. Also, quite frankly, prosecutors are more willing to deal with defense lawyers, as they deal with them more often and know that an attorney is more likely to be successful than a self-representing defendant is.
How To Get A Speeding Ticket Reduced To A Non-Moving Violation
A commonly offered plea bargain in speeding ticket cases is to reduce a ticket to a non-moving violation. That’s lawyer-speak for a parking ticket or some other similarly trivial offense. You’ll likely pay the same fine as you would have for speeding, and the judge has to approve the deal, but at least you won’t get points on your record. (A judge can go against the prosecutor’s recommendation and reject the deal, but it is rare.)
How do you get this sweet of a deal? Having a clean record helps a lot - repeat offenders draw far less mercy. Also, having a defense to the ticket lined up strengthens your bargaining position.
How To Get A Speeding Ticket Reduced To Improper Equipment
Another common plea is to reduce a ticket down to a charge of improper equipment - not having a seatbelt, in other words. It is a similar deal to the non-moving violation: you pay a fine (probably the same amount as a speeding ticket), but you get no points on your record. A judge has to approve the deal, and usually will.
When are these deals extremely unlikely? Repeat offenders, obviously, probably won’t get much sympathy. Also, for those traveling at extremely high rates of speed, a deal for improper equipment or a non-moving violation is unlikely. In fact, in some states, drive fast enough and you’ll be facing criminal charges for reckless driving. Lastly, mix in alcohol or any other intoxicating substance and there’s almost no chance a prosecutor will cut you this level of deal.
Should you ask for a non-moving violation or an improper equipment ticket? It really depends on your local laws and the penalties for each: look to see if either will add points to your record, what the fines are for each, and check with your insurance carrier to see if either will affect your rates.
Fight for free, unless you win.
If you haven’t gotten the message yet, here it is: it is foolish to “just pay the ticket.” Here at Off The Record, attorneys agree that if you don't win, you get your money back.
Compare that to the consequences of caving to the cops and prosecutors: a ticket, additional administrative or court fees, license points, increased insurance, a possible driver responsibility fee, and even the possibility of a license suspension.
It’s never been this easy to fight back. Snap a photo. Answer a few questions. Leave it to the lawyer. It’s that easy.
This information on this site is provided solely for informational purposes. It is not legal advice. Off The Record is not a law firm, does not provide legal services, and is not a lawyer referral service. The attorney listings on the site are paid attorney advertisements. Off the Record has not evaluated this content for accuracy, completeness, or changes in law. No representation is made here about your specific rights. Off The Record is not a substitute for an attorney or a law firm. Legal advice can only be provided by a licensed lawyer.
Off the Record 