How to Win a Speeding Ticket in the Court

If you get a ticket despite all your charm and are confident (or bullheaded) enough to go to court, you need to start building your case immediately. Take notes on the day, time, location, weather conditions, and other nearby traffic. Strong memory is very important in court, but you have the edge. The officer who stopped you has to remember details about dozens of tickets-you only have to remember one. Here are five defenses you can use to win your case.

Defense No. 1: The law you were charged with breaking does not apply. Proving the law is inapplicable or ambiguous in a speeding case is very difficult. The police probably know the speed limit zones better than you, so you are unlikely to prevail. (You may think you have found the Holy Grail if the ordinance on the ticket has a numerical error, but most judges will overlook it.) If you were unfairly cited, go back and take photographs of speed limit signs and the area where you were supposedly speeding to use as evidence in court. Bring along your tape measure; sometimes signs are planted too far from the road or at an improper height, making them difficult to see. Check your state's signage regulations.

Defense No. 2: The officer did not use the radar gun properly. While the officer may in fact be incompetent, the court presumes he knows what he is doing. If you truly believe he is a nincompoop, contact the police department and request information about the officer's training on the radar gun in question. Also contact the manufacturer and find out what the recommended training is for the unit. While you are at it, get information about the unit's usable range and factors that may limit its accuracy, such as multiple cars, wind, or snow. Armed with this information, you can cross-examine the officer on technical details about the operation of the radar gun and hope he stumbles.

Defense No. 3: The radar gun was broken or produced a faulty reading. Request the police department's maintenance records on the officer's radar gun (these can be subpoenaed if necessary), including the date of the last calibration. Recent repairs may cast doubt on the unit's accuracy. You can also contact the manufacturer to obtain their recommended maintenance schedule for comparison. Blowing objects, such as leaves and raindrops, can also interfere with a radar gun's accuracy. You may have a case for dismissal if you got a ticket during a heavy storm.

Defense No. 4: You were mistakenly cited. It was that red car that zoomed by. Didn't you see it, officer? Mistaken identity is hard to prove, but if plausibly shown, it warrants a dismissal. Make careful notes about other traffic on the road at the time. Also, scour your ticket for signs that it was partially filled out ahead of time (wrong date, time, etc.). One or more such errors and an aggrieved air in front of the judge could just get you off.

Defense No. 5: The officer fails to show. Officer absences generally mean immediate dismissal because there is no one to testify for the prosecution. Policemen typically have a specific day during the month when they will be in court and write that date on the ticket. To improve the likelihood he will not show, call the clerk's office and request a change of the trial date. If you happen to be the only ticket on the officer's docket that day, he is less likely to bother.