how a district attorney proves that you were speeding

How do I know what type of speed limit I violated?

This type of ticket is mostly handed out after an accident. Again, although there are three types of speed limits, each state has its own system. So, your state might not use all of the three types. The first place to look to determine what type of speed limit you were cited for violating is the ticket itself.

Does signing a speeding ticket in front of a police officer?

Keeping your emotions under control and not engaging angrily or disrespectfully won’t get your speeding ticket reduced, but it bodes well for you if the case goes to court and the officer testifies as to your demeanor. Signing the ticket in front of the officer doesn’t mean you are admitting guilt. It signifies that you received the ticket.

Can I be charged with speeding if I’m driving below the limit?

Basic speed laws require drivers to always drive at a safe speed. So, you can be charged with speeding by violating a basic speed law, even if you were driving below the posted speed limit. The ticketing officer must simply decide that you were going faster than was reasonably safe, taking into account the driving conditions at the time.

What are the defenses to a presumed speed limit violation?

If you're accused of violating a presumed limit, you generally have two possible defenses: arguing you weren't exceeding the posted speed limit (just as you would if you were charged with violating an absolute speed law), or

Three Types of Speed Limits

The 50 states basically use three types of speed limits. We call these “absolute,” “presumed” (or “prima facie” in legalese), and “basic” speed lim...

“Absolute” Speed Limits: Defenses

When you’re charged with exceeding a posted speed limit in an area where the limit is “absolute,” the law is simple. You are guilty if you drive ov...

“Presumed” Speed Limits: Defenses

In areas with “presumed” speed limits, the law usually reads something like this:No person shall drive a vehicle upon a highway at a speed greater...

Never Plead Guilty to A Ticket Issued to You Following An accident.

Seek the advice of an attorney. Even if you don’t want to fight the ticket, you should enter a “nolo contendere” plea, which is a way of not fighti...

What is the process of getting evidence for a speeding ticket?

Generally, you also have access to some of the evidence in the government’s possession. The process for requesting and getting this evidence is called “ discovery .”. Discovery for a speeding ticket case might include things like officer notes and maintenance documents for radar and other speed-measuring equipment.

What to do if you get caught speeding?

If you do get caught speeding, you’ll first need to decide whether to just pay the fine and move on or fight the ticket in court. (Some drivers also have the option of traffic school, which might or might not involve paying the fine.) And if you opt to fight your citation, you’ll have to choose between representing yourself ...

What are the three types of speeding offenses?

Generally, excessive-speed laws fall into one of three categories: “basic.”. Absolute limit offenses. Absolute speed limits are the most straightforward: If you exceed the posted limit, you’ve violated the law.

What is the difference between absolute and basic speed limits?

Basic speed laws are like presumed limits in reverse: Even if you weren’t exceeding the posted speed limit, you can be ticketed and convicted if the speed you were driving was unsafe under the circumstances. Absolute speed limits are the most straightforward: If you exceed the posted limit, you’ve violated the law.

What is an absolute speed limit?

Absolute speed limits are the most straightforward: If you exceed the posted limit, you’ve violated the law. Because there’s no wiggle room with absolute limits, the probability of avoiding a conviction are often less than they are with other types of speeding offenses. Presumed limit offenses.

What are the different types of speed limits?

Many drivers don’t realize there are different types of speed limits. The available defenses depend on which type of speeding offense you’re accused of committing. Generally, excessive-speed laws fall into one of three categories: 1 “absolute” 2 “presumed,” “presumptive,” or “prima facie,” and 3 “basic.”

What is the burden of proof in a speeding case?

At trial, the government has the burden of proving with admissible evidence that you committed the speeding offense. Otherwise, the judge or jury is supposed to find you not guilty. Standards of proof vary, but most states require the government to prove speeding violations by a “preponderance of the evidence”—enough evidence to show more likely than not that you were speeding.

Jennifer Raimo

You don't have to prove you were wrongly accused. Criminal cases are not a contest over who has the best evidence. You are presumed to be innocent and remain so unless the government proves your guilt. All you have to do is challenge the evidence and create a reasonable doubt about your guilt.

T. Kevin Wilson

Dear Hampton- you are likely looking at jail time if you are convicted. Please get a lawyer, because what you say happened (and I believe you) rarely wins a case. Police routinely say that they are "sure" it was you! Good luck. More

Mark Steven Paullin

You should contact a traffic attorney in the Hampton Roads area to discuss your potential defenses. Whether you are charged with straight speeding or reckless by speed, 92 in a 55 is a serious charge. Do not rely solely on what the officer told you at the traffic stop...

Alexander Joseph Conn

Contact an area attorney for a free consultation. That's your best chance at beating the ticket and you definitely want to fight this. It's unfortunate you need to pay for an attorney, but the insurance savings alone will be worth it. In addition, there may be other ways to fight the ticket that you are unaware of but an attorney will spot.

What is a speeding violation?

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. Whether a defense to a speeding violation applies depends on the law in your state and the circumstances of your case. This article provides an overview of the types of speeding laws ...

What is the defense to speeding?

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.

What is the presumptive speed limit?

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.

What are the three types of speeding laws?

Generally, there are three types of speeding laws: basic speed rules, presumed speed limits, and maximum speed limits. Basic Speed Rules. Basic speed rules require motorists to drive at a speed that is “reasonable and prudent.”.

Why is my speedometer inaccurate?

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.

What happens if you exceed the speed limit?

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 Speed Limit.

What is the speed limit on a highway?

But for trucks, the maximum speed limit is 55 miles per hour.

Martin J. Rubin

The assistant district attorney's job is to prosecute the class C misdemeanor case for the State. Usually the prosecutor will negotiate with your attorney or you with regard to the punishment. In most courts the prosecutors are not always available unless the case is set on the court docket.

Thomas Harlan Swain

Mr. Silveira is correct. Consult an attorney. They will be able to tell you in much more detail what your options are. The advantage of talking to the prosecutor is the ability to come to an agreement that avoids a trial and possibly a conviction.

Michael J Silveira

Contact local counsel. You may be able to work out a disposition that does not negatively affect your driving record.

What happens if the district attorney reduces a speeding ticket?

If the district attorney agrees to reduce the charge, the two of you will both appear before the judge. The judge has the final word, so even if the DA recommends that the charge be reduced to a non-moving violation, there is a small risk that the judge will not allow it. Be prepared to either plead guilty to the original speeding ticket ...

Why don't you admit guilt to a speeding ticket?

Don't admit guilt to the speeding ticket, because the prosecutor can use the admission against you. It's better to say, "I don't think you can prove these charges," or, "I have a strong defense," as a reason why the lesser charge should be accepted.

How to get a speeding ticket reduced?

Gather Your Documents. Check your speeding ticket to determine the court date and the county courthouse and courtroom where you need to appear. Bring the original speeding ticket, your driver's license, a certified copy of your driving record and enough money to pay your fines and court costs. Your goal is get your speeding ticket reduced ...

What to do if the prosecutor doesn't agreeable to your request?

If the prosecutor doesn't initially seem agreeable to your request, inform him of the reasons why you want the speeding ticket reduced to a nonmoving violation. If you provide a heartfelt, valid personal reason for seeking the change, many prosecutors will be on your side. Writer Bio.

How to get a traffic ticket waived?

How Can I Get My Traffic Ticket Waived? If you're caught speeding and receive a citation for a moving violation, you can try to negotiate a lesser charge, but not without the officer giving you the ticket. The only way to reduce this charge is to speak to the district attorney in court and ask for a reduced settlement.

What are the facts of traffic cases?

Be aware that your chance of success has a lot to do with the circumstances of the speeding and your previous driving history. Multiple offenses on your driving record could make it harder for you to strike a deal.

How to get a settlement with the DA?

Attend the Hearing. Arrive at the courtroom at least 30 minutes before the scheduled hearing time and wait for your name to be called by the district attorney. You'll have only a few minutes to speak to the DA and negotiate a settlement, so it's a good idea to sit near the front where you can reach the DA promptly.

The Disadvantages of Going to Court

While going to court may be advantageous if there is solid evidence to uphold your conviction of innocence, if your case is lost, you will definitely be at a disadvantage. Indeed, unless you win, you may face:

Do I Need a Lawyer?

Working with a lawyer is highly advised after you have been issued a speeding ticket, especially if you plan to fight the ticket in court.

Call Our Experienced Florida Speeding Ticket Attorneys Today

If you have been issued a speeding ticket in Florida and think that fighting it may be a good idea, call our experienced Florida speeding and traffic violation attorneys at the office of Skubiak & Rivas P.A. before you do anything else.

Alain Rivas, Esq

Alain Rivas’ desire to focus exclusively on criminal and traffic defense led him to join forces with Robert Skubiak in 1999 to form Skubiak & Rivas, P.A. Rivas graduated from Rollins College with a Bachelor of Arts in Political Science and History. He then earned his Juris Doctor from Stetson University College of Law in St. Petersburg, FL.

What happens if an officer doesn't show up for a court hearing?

Without his testimony, your ticket is dismissed. A summer hearing is more conducive to the officer not appearing. Vacations interrupt court activities , and if the officer doesn’t show up, you’re off the hook.

What happens if you have multiple speeding tickets?

Multiple speeding tickets indicate a disregard for the speed limits and may result in your license being revoked.

What to do if you are found guilty of a crime?

Request a Deferral. If you are found guilty, ask the court to defer entering the verdict into your record, which prevents a notification being sent to your insurance company. After a year, if you have had no additional citations, the ticket is dismissed.

What does a ticket mean in court?

The ticket indicates when you are due in court to answer to the charges written. Request a continuance with the hope that the officer who wrote the ticket is transferred, retired, or, for whatever reason, doesn’t appear in court. Without his testimony, your ticket is dismissed.

How long do you have to respond to a speeding ticket?

If you are cited for Speeding or a Speed-Related offense, you only have 10 days to respond to the local District Court to enter a plea.

What is the most common way to record a motorist's speed?

Vascar / Accutrak. This is the most common means to record a motorist’s speed and is commonly known as a “Speed Trap. ”. In this method, there are 2 premeasured painted lines on the roadway and the officer times the vehicle from the first line to the second line to calculate the speed.

What is the most common situation in a police officer?

The most common situation is when a crash occurs from behind and the striking vehicle was unable to stop in time to avoid the crash. The second situation can occur if the officer believes that the vehicle is speeding, but is unable to obtain, or “clock” the actual speed of the vehicle.

What is the speed limit in a school zone?

The speed limit in a school zone is set by law at 15 mph and the school zone must be posted with signs at the beginning and end of the school zone. Driving a Vehicle at Safe Speeds is a 2 point moving violation. This law is commonly referred to a Driving Too Fast for Conditions.

What is pacing in police?

Pacing. Pacing occurs when an officer follows a vehicle at the same rate of speed using the patrol vehicle’s speedometer. The vehicle must be filed for at least 3/10 of a mile and the officer must show in court that the vehicle’s speedometer was tested for accuracy.

How long do you have to appeal a traffic ticket?

If you already paid the fine or if you were found guilty in traffic court, you have 30 days to appeal the case to the Court of Common Pleas in the county courthouse. You will then be given a “trial de novo” which means you get a whole new trial as if the traffic court decision never occurred.

Do you get a citation in the mail for speeding?

Speeds are timed electronically, photos are taken of the offender's license plate and the vehicle owner will receive a citation in the mail. If you are cited for speeding in a work zone by a camera and receive a citation in the mail, there is a warning mailed for a first offense.

Is there a legal excuse for speeding in North Carolina?

A speeding ticket is one of the most common reasons for you could be pulled over by the police in North Carolina. This is always a very stressful and frustrating experience.

No Excuse for Speeding in North Carolina

With very few technical exceptions there are no legal excuses for speeding in North Carolina. If you really have to use the bathroom or just feel sick and need to get home quickly? Not a legal excuse for speeding. Need to get to the hospital immediately? Not a legal excuse for speeding.

Necessity Defense

In very rare circumstances you may be able to claim the necessity defense. If you had to speed up to avoid a very serious accident, you may be able to argue that you had no choice but to exceed a safe speed.

Defense to Speeding Citations in North Carolina

While you may not have a legal excuse for speeding you may have some legal defenses in North Carolina. Those include:

Common Resolution for Speeding Tickets

Don’t pay your speeding ticket without talking to a Raleigh Speeding Ticket Lawyer first. While we’ve talked a lot about the law and defenses the vast majority of tickets are handled by way of a deal with the District Attorney’s Office that involves a reduction of the speed or possibly a reduction to the non-moving violation of improper equipment.