How can I fight a wrongful speeding ticket?
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How can I fight a wrongful speeding ticket?
A few days ago, I was pulled over on Ft. Hood for going 25 in a 40 zone. This was
the first time I’d been on that road, and the first speed limit sign from where I
turned was 2 blocks after I’d been pulled over. The road adjacent to it from
where I drove to my destination has a speed limit of 40 mph, so I thought that
this would be the same. How can I present this argument plausibly to a judge? I
was recently in an accident and would not like this to reflect on my insurance or
driving record. Thank you in advance for advice.
Asked on June 21, 2016 under General Practice, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Forget about "fighting it": nobody ever wins on a speeding ticket by saying they were unaware of the speed limit where they were pulled over. That is simply not a legal defense to speeding.
Focuse on mitigating or reducing the ticket. Talk the prosecutor before trial. Do say what you've written, but don't harp on it or fight about: just put those facts out there. Be respectful and contrite. Offer to take a defensive driving course if they like. If you do these things, there is a very good chance they will let you plead to a lesser offense (e.g. less miles over the limit).
You can also frankly, assuming you can pay a larger fine, say that you are more worried about points on your driving record than the fine; they may let you plead to lesser (or possibly no) points but a larger fine.
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