If you are issued a speeding ticket, you may be inclined to assume this is a minor offense that you can take care of by simply paying the fine and driving off. However, it is important to understand that by paying a fine or skipping your court date, you may be admitting guilt.
If you are accused of a traffic offense, it is in your best interest that you defend yourself. Thankfully, there are a number of defense options you can explore to achieve a more favorable outcome in your case.
You can claim necessity
If you were cited for going beyond the designated speed limit, yet you did so to avoid a potentially dreadful accident like being rear-ended, then you may argue that your speeding was necessary. This is known as the necessity of speed defense. You can also argue necessity if speeding was necessary to avoid some obstacle on the road or if you had a sudden illness that made it necessary for you to find a safe spot and pull over.
Subject to the specifics of your case, you will need to prove the following elements while arguing the necessity of speeding defense:
- That there was an immediate need to act to avoid a potential threat, harm or some danger
- That you had no lawful alternative at the time
- That your speeding did not result in greater danger than the harm you were avoiding
- That you did not create or contribute to the emergency that caused your speeding
You can use GPS to evidence to prove that your speed was at or lower than the posted limit. However, this is only possible if your GPS report shows that you were going slower than what you are being cited for. Additionally, you must prove that your GPS device was accurate, as you are likely to be defending against an officer’s radar or lidar equipment.
If you have been cited for a traffic offense, you need to figure out how to defend yourself. Learning your rights under the law can help you come up with a viable defense for your case.