Speeding violations are one of the most common traffic citations issued and most drivers will be cited for speeding at some point in their lifetime. In most states, a speeding ticket will result in hundreds of dollars in fines and points on your driving record. But in many cases, a driver might have a good defense to fight the ticket.
Whether one of the defenses discussed in this article might apply to a speeding violation depends on the law in your state and the circumstances of your case. This article provides an overview of the types of speeding laws and common defenses to speeding tickets.
Types of Speeding Laws and Speed Limits
The available defense to a speeding citation depends on the type of speeding law you are cited for violating. Generally, there are three types of speeding laws: basic speed rules, presumed speed limits, and maximum speed limits.
Basic Speed Rules—The Requirement to Always Drive a Safe Speed
Basic speed rules require motorists to drive at a speed that is “reasonable and prudent.” In other words, a motorist must always drive at a speed that is safe under the circumstances, taking into account things like traffic and weather.
Presumptive Speed Limits
Presumptive speed limits are also called “presumed” or “prima facie” speed limits. Presumptive limits—which are generally specified in a state’s traffic code—vary by highway type and location. For example, the presumptive speed limit might be 30 miles per hour in a business district and 25 miles per hour in a residential zone.
If you are cited for exceeding a presumed speed limit, you are presumed guilty of speeding. However, you can overcome the presumption—and beat the ticket—by proving in court that the speed was safe despite driving faster than the presumed limit.
Maximum or Absolute Speed Limits
Maximum speed limits (also called “absolute” speed limits), as the name suggests, establish the maximum speed limit for highways. State laws may specify a maximum speed limit for all or selected highways, and maximum limits often vary for different types of vehicles. For example, in Oregon, the maximum speed limit on some interstate highways is 65 miles per hour for most cars. But for trucks, the maximum speed limit is 55 miles per hour.
Common Defenses for Fighting a Speeding Ticket
The defenses available to a speeding citation depend on the type of speed limit the person is accused of exceeding and the circumstances of the case. Common speeding ticket defenses typically fall into one of two categories: the defendant contests that he or she was driving faster than the speed limit or admits to speeding but claims he or she was justified in doing so.
Challenge the Determination of Your Speed
In some situations, you might want to dispute that you were actually driving as fast as the officer said you were. Generally, there are four methods police officers use to determine how fast a vehicle is traveling: pacing, sight, radar, and laser.
Challenging the Officer’s Perception—Disputing What the Officer Saw
If an officer estimates a driver’s speed by “pacing” or “sight,” fighting the ticket will typically involve challenging the officer’s perception. With pacing, the officer gets an estimate of how fast a driver is going by driving in the same direction and matching the driver’s speed. Sight estimates, on the other hand, generally involve the officer sitting at a standstill and estimating a passing driver’s speed.
The reliability of an officer’s pacing or sight estimate, of course, depends on the officer’s ability to perceive and assess the speed accurately. So, a driver might challenge a ticket by trying to show that the officer couldn’t see the suspect vehicle clearly or long enough for the speed estimate to be reliable. Other challenges to speed estimations involve attacking the officer’s lack of training and/or certification in speed estimation.
Challenging the Accuracy of the Speed-Measuring Device (RADAR and LIDAR)
Police often use speed-measuring devices, such as RADAR and LIDAR, to catch speeders. Radar calculates the speed of a vehicle using radio signals and LIDAR uses lasers. Generally, speed measured by radar or laser technology is more accurate than an officer’s estimation of speed. However, radar and laser technology aren’t infallible, and a driver can make various challenges to the devices.
RADAR and LIDAR Maintenance and Calibration
Speed-measuring devices generally require regular calibration and maintenance to provide accurate measurements. When a speeding ticket is based on radar or laser, a driver might try to show that the device produced an inaccurate reading because it wasn’t calibrated correctly or as frequently as required.
RADAR and LIDAR User Error
To produce accurate information, speed-measuring devices must also be operated correctly. Generally, officers are required to be trained and certified to operate radar and laser equipment. If an officer hasn’t received the required training or certification, a driver might argue that an elevated reading occurred as a result of the officer’s operational error.
Other challenges to speed-measuring devices involve arguing that the device produced a false reading because of some kind of interference. For example, if there were other vehicles near the suspect vehicle, the device may inadvertently read the speed of another vehicle. Additionally, sun or bright light can interfere with laser technology.
Arguing that You Were Driving a Safe Speed
If you are cited for violating the basic rule or a presumed speed limit, you can show that you were driving a safe speed. For this defense, you would try to establish you were driving at a safe speed given the traffic, weather, or other conditions present.
Necessity and Emergency Defenses to Speeding Tickets
Many states recognize an emergency or necessity defense. This legal justification is also sometimes known as the “choice of evils” defense. To establish this defense, you would attempt to show that speeding was necessary to prevent immediate harm to yourself or others. In other words, you aren’t contesting that you were speeding, but arguing that your speed was necessary to avoid a greater harm.
Although the specifics vary according to state law, the typical elements of the defense include:
- there was an immediate necessity to act to avoid an imminent harm, threat, or danger
- there was no adequate lawful alternative
- breaking the law didn’t create a greater danger than the harm, injury, or damage prevented, and
- the defendant didn’t create or contribute to the emergency.
Because the necessity defense requires proof that a genuine emergency existed, typically, providing the court with documentation to verify the emergency is key. For example, if you are speeding while driving someone to the hospital for medical treatment, you would want to provide medical records. Other examples of situations where the defense of necessity may come into play are speeding to avoid being rear-ended or to prevent a more serious car accident.
How Long Speeding Tickets Stay on Your Record
Speeding tickets will generally lead to traffic violation points going on your driving record. Accumulating too many points can lead to license suspension and other consequences. In most cases, a speeding ticket will also lead to increased insurance rates. But these consequences of a speeding ticket won't last forever.
The laws of each state are different. But, generally, points expire after a few years. The same is true with increased insurance rates—after a few years, your insurance premiums will come back down.
Taking Traffic School for a Speeding Ticket
Most states allow drivers to take traffic school every so often to avoid at least some of the consequences of a traffic ticket. Typically, a driver is eligible for traffic school once every two years or so.
Depending on how it works in your state, completing traffic school could eliminate the fines, points, and insurance-rate increases associated with a traffic ticket.