Beating A Speeding Ticket - The Basics
By Richard Wallace II
Author of "An Educated Guide
to Speeding Tickets-How to Beat & Avoid Them!"
Over 100,000 every day; over 40 million a year; the average fine is $150.00; 90%
just send in the fine, only 10% fight back but out of that 10%, over half win
in court; and 2-3 out of every 5 were issued unfairly or unjustly. What am I
talking about you ask? Why the speeding ticket of course! Yes, that great
revenue enhancer the speeding ticket. In this article I will discuss the
speeding ticket industry that exists in the Unites States today followed by how
you can defend yourself, fight back and beat a speeding ticket in court. All of
the information contained in this article is applicable in all 50 states.
How Much Do You REALLY Know About Speeding Tickets?
No one really knows exactly how many speeding tickets are issued every year here
in the Unites States for sure, but we do know it is in the millions upon
millions. Considering the long-term financial consequences of a speeding
ticket, people should not treat getting a speeding ticket lightly. Speeding
violations have an amazing impact on your life starting with your driving
record which will be muddied for years along with your hefty fine but the most
startling realization one can face upon getting a speeding ticket, is their
punishment by their insurance company. A speeding ticket can drive up your
premiums for 3-5 years depending on which state one resides. The average
surcharge imposed ranges between $125.00-around $500.00 depending on the
driving record of the insured.
When all is said and done, the average speeding ticket can cost a person several
hundred and even thousands of dollars. Yes, our speeding ticket industry
revenue each year tops out around 13 billion dollars when you add the attorney
fees and driving schools to the equation. Compare that to the entire lottery
system in all 50 states which tops out around 3 billion dollars and you can see
how much money is in fact made from just speeding tickets alone. So again, do
not take getting a speeding ticket lightly.
In addition to the financial burden that is placed on the motorist we must add
the fact that the punishment simply does not fit the crime. Many misdemeanor
charges like disorderly conduct carry a $50.00 fine in court, yet the speeding
ticket can cost hundreds or thousands of dollars. Does this seem fair? We can
also talk about the police themselves not playing fair or by the rules. We all
know the police themselves are the biggest offenders of the speed limits yet
they commit those violations under the protection of their badge, how unfair.
We can talk about big name insurance companies who actually donate radar and
laser units to police departments all over the country with the premise it is
done for public safety. We all know why that equipment has been donated to the
police and that is so more tickets can be written, thus allowing insurance
companies to raise the premiums of their policyholders who receive a speeding
ticket. Public safety? Lets talk about speeding and public safety for a moment.
Numerous studies have been done by many different private and public agencies
and the bottom line found was that raising the speed limit does not necessarily
mean more accidents or fatalities. In fact, what the majority of those studies
found were that people who traveled 10-15 miles over the posted speed limit, or
with the flow of traffic, were the safest drivers on the road. About 80% of all
speeding tickets issued were for speeds less than 20 mph of the posted speed,
which again, is the safest group of speeders on the highway.
What To Do, And What Not To Do, If You Are Pulled Over
In my book, "An Educated Guide
to Speeding Tickets-How to Beat & Avoid Them!" which is available
for purchase right here at BuyRadarDetectors.com, I talk about the equipment
the police use for speed detection, the traffic stop itself, how to prepare and
fight your ticket in court and finally a chapter talking about how one can
speed without being caught. My book is very educational especially for the
layperson who has no knowledge of how greedy our speeding ticket industry is,
or what kind of equipment the police use and how it can be beaten in court, as
well as how to fight back and win in court. While I will attempt to talk a
little about each topic here in the article, one is encouraged to purchase the
book to learn all that there is to know about speeding tickets in general.
I have already talked about how unfair the issuance of speeding tickets can be
because of the outrageous fines and insurance surcharges, the punishment not
fitting the crime and the police not playing fair or by the rules. What I want
to talk about now is how one can become empowered to believe that if they get a
speeding ticket, whether deserved or not, that they feel like they can fight
back at our greedy speeding ticket industry and win! There are many things one
can do to beat a speeding ticket should they decide to fight back. Of course, a
lot of how one prepares themselves for their day in court depends on how they
conducted themselves at the scene of the traffic stop; so lets talk about that.
If you find yourself being pulled over for any traffic violation by law
enforcement, it is imperative you pull over safely, cooperate and be polite.
Never admit your speed to the officer when asked and do not volunteer any
information that can be used against you in court at a later date. The correct
reply to any question about your speed should be something like “I am sorry
Officer, I was not aware of my speed” that’s it, say nothing more. Remain calm
and be polite. Do not just hand the officer your license and registration and
let him walk back to his cruiser because if you do this, you have lost your
only chance to talk your way out of a ticket by using an excuse or even just
simply asking for a written or oral warning. You can’t get something you never
asked for, so ask for a warning, and yes, you are allowed to do that. If you
decide to use an excuse, you must use one that is sincere and can touch the
emotions of the officer. For example, family emergency involving wife, kids or
relatives; wife is pregnant with first child; the money to pay for the ticket
will come from feeding the family; females inform the officer your monthly
visitor has arrived and it is an emergency; or your being harassed by another
motorist with some type of road rage and you are trying to get away, this falls
under the necessity of speed defense. Never use excuses like late for work, not
paying attention, you are suffering from a medical condition or just traveling
with the flow of traffic because they do not work, officers hear these excuses
all the time.
Important Things To Know If You Have Just Been Issued A Ticket
Ok, so you were not able to talk your way out of the ticket and the nice officer
just issued you a $175.00 speeding ticket, now what do you do? Well, there are
some very important pieces of information you must obtain at the scene of the
stop that will help you prepare your defense in court. My book goes into great
detail in Chapter 2 regarding the traffic stop, but the most important
information you must get is the type of equipment used by the officer, the
model and serial number, the cruiser registration plate number and cruiser I.D.
number and the officer’s name. Some officers will freely provide this
information and others will refuse to answer all of your questions so you must
obtain as much information as you can by just looking at the police cruiser and
observing what kind of equipment is being used as well as the cruiser plate and
I.D. numbers. When you have your day in court, you will want to compare the
paperwork the police officer brought with him to the information you obtained
at the scene of your stop to be sure everything match’s up. Often times the
police will come to court with paperwork from a different radar or laser unit
than they were actually using when you were stopped and ticketed, so be on
guard for this tactic. Again, refer to my book the
"Educated Guide…" for more in depth information pertaining to the
traffic stop and the equipment the police are using in the field.
I tell everybody who gets a speeding ticket to plead not guilty, fight back and
ask for a hearing or a court date. Never just pay the fine by sending it in
paid in full. The odds are in your favor if you fight back; provided you do a
little preparation and follow my advice.
Preparing For Your Court Date
In most states once you ask for a hearing or court date, you have a few weeks to
begin to prepare your defense and your case. You will need to obtain some
official documents from the police department that issued the ticket to you
which include the calibration and repair records for the radar or laser unit
used; the officers training records; the departments F.C.C. license; as well as
the daily arrest logs. Refer to my book for the complete list with an
explanation of what and why you need these records and how one can go about
obtaining them. Many times the arresting agency will not provide these official
documents until the actual trial date so do not surprised if that occurs.
There are dozens upon dozens of different tactics and strategies one can use to
fight their speeding ticket in court. My book goes into great detail in this
regard but let me list some examples here for your knowledge. I want you to
believe after reading this article that one can in fact arm themselves with the
information and knowledge necessary to actually fight back and beat a speeding
ticket in court.
Some of those tactics and strategies that are used successfully to challenge
speeding tickets include the following:
1st time offenders with a clean driving record-obtain copy of your
driving record from your local DMV and show court-most courts give 1st
time offenders a break by dismissing their first ticket.
Two officer tag team - both have to appear in court to testify in the case and
the odds of that happening are very rare. One officer cannot testify about the
actions of the other, it is hearsay.
Attack the training records of the arresting officer. Many states require
recertification every 3-5 years.
Attack the technology itself like radar and laser. Both are easy to challenge
Offer to make a charitable donation in lieu of the fine.
Overpay the actual violation amount. The state will issue you a refund check
for the difference. Do not cash the check, keep it. Because you have not cashed
the ticket, the court case/docket cannot be closed properly thus no information
gets reported to your insurance company or department of motor vehicles.
Check to be sure the area you were stopped in was properly posted with the
correct speed limit signs. In most states the sign has to be within ¼ mile of
area of stop.
Find fault and errors on the ticket itself, this is very common in law
The officer fails to appear in court means automatic dismissal in most courts.
Your speedometer was broken. Bring proof of repair from a garage to court.
The arresting police agency has an expired F.C.C. license.
The arresting police agency has switched the calibration and inspection
paperwork and you have proof of this.
Other Info And Tips
These are just some of the dozens of tips, tactics and strategies I talk about
in my book "An Educated Guide
to Speeding Tickets-How To Beat & Avoid Them!" Of course, in my
book I go into depth and completely explain how any of the above tips and
tactics can help you fight back and win by beating your speeding ticket in
court. Of course, I hope you never get stopped for speeding in the first place
and get a ticket. I have an entire chapter in my book that talks about how you
can speed without being stopped or caught by the police. A lot of my
information is simple common sense like watching for brake lights come on in a
car in front of you as well as watching your mirrors so you can see that you
are being paced or clocked by a police cruiser behind you. There are other tips
in that chapter that reveal real valuable information like speeding when the
police change shifts, or knowing how many police cruisers are on duty at any
given time in your town and if you see them all together, you know you're
probably free to speed anywhere in town. I do want to mention one very useful
little tip to avoid getting stopped for speeding by the police and that is when
you see the cruiser and officer ahead and you think you may have been caught by
him or her for speeding, as you approach the cruiser and officer, of course
slow down, and then wave, yes wave. Let me tell you why. Police officers are
human just as we are and when somebody waves to them, they react the same way
we do. We think that perhaps we know that person so we may wave back and in the
case of the police officer, the same holds true. In addition, the officer also
can believe that you have acknowledged to him with your wave that you are aware
of your speed and you are correcting it by slowing down. Many times the officer
will not stop you for speeding because of your wave to him. This tip works,
trust me; try it next time you see a police officer parked on the side of the
road. Do not be surprised when he waves back or smiles in acknowledgement to
you. And lastly I cannot forget to mention how important using a high quality
is to anybody who finds themselves exceeding the
speed limit. Often the small price paid for a good detector will be less than a
speeding ticket and the insurance premium increases combined so make that
purchase today. Radar/laser detectors do work and by using many of the tips and
tactics I talk about in my book, one can become a safer, smarter speeder who
never gets stopped.
In this article written here for BuyRadarDetectors.com I wanted to get across to
you, the motorist, that you have people out here like Danny Feemster and myself
who are committed to helping those of you who feel you have been victimized by
our greedy speeding ticket industry fight back with the knowledge that we are
here to help you every step of the way. For those of you who purchase my book,
I give you a toll free telephone number to call my office direct and speak with
me for as long as necessary to answer your questions and to lend you a place to
vent and or just talk about your experiences. People like Danny and myself are
truly dedicated to helping others in this cause. We are in this battle together
and with your support we can all hope to change the way our governments set
speeding ticket fines, how our courts interpret and impose penalties for
speeding violations, and how our own insurance companies penalize their
policyholders for something our own government agencies deem safe, and that is
traveling with the flow of traffic or at between 10-15 miles above the posted
speed limit. Also, try not to blame the police officer for stopping motorists
for speeding, as hard as this may seem. There are many fine officers out there
who would prefer not to stop people for speeding but their superior officers
force them to. Remember, the police officer himself does not set the fine or
impose the insurance surcharge. We do however, ask the officer to be fair and
impartial, play by the rules and to give the benefit of any doubt to the
motorist he or she has stopped. If the police were a little more respectful and
polite I feel there would be less of that anti-police attitude that many
motorists seem to have and we all would have a greater respect for the men and
woman of law enforcement in America today.
There will always and forever be speeding tickets; it’s a fact we all must live
with. If we drive safe, sensible and not recklessly, we will hopefully never
find ourselves on the receiving end of a speeding ticket. However, if the
unfortunate does happen and you get a speeding ticket, you must fight back by
pleading not guilty, asking for your day in court, properly preparing yourself
by doing your homework, reading
"An Educated Guide..." visiting your local library, maintaining your
innocence in court, and empowering others who find themselves in the same
situation. Remember, you are innocent until proven guilty, make the state prove
their case. You can fight back and you can win.
Thank you for taking the time to read my article on Beating A Speeding Ticket -
The Basics. I would love to hear from you with your comments and criticisms
both good and bad. May God Bless us all.