How to Fight A Florida Speeding Ticket
Florida speeding tickets are the most common traffic tickets written in Florida. According to the Florida Uniform Traffic Citations Statistics report issued by the Florida Department of Highway Safety and Motor Vehicles, 1,122,285 speeding tickets were issued in 2009. All other non-criminal moving violations issued that year totaled 1,555,198 tickets.
A conviction for speeding adds 3 points on a licence or 4 points if exceeding the speed by more than 15 mph. This conviction stays on your driving record and your insurance rates may go up. Avoid the points and avoid insurance rate increases by hiring a Jacksonville Florida Speeding Ticket Attorney to fight to have you found not guilty.
Know the Florida Speeding Laws
In order to fight a Florida speeding ticket knowledge of the law is required. There are numerous Florida Speeding laws and each one is unique. Know the statute and what it requires.
Know what is required to be convicted
Before you can be convicted at trial for a speeding infraction the State has a lot to prove. A properly trained Jacksonville Florida Speeding Ticket Attorney will be able to effectively cross exam any State witnesses, the police officer(s), and make sure the state meets it’s burden before convicting a person of speeding. If the State can’t meet it’s burden then the Judge or Hearing Officer will find you not guilty.
Some things a properly trained Jacksonville Florida Speeding Ticket Attorney will look for in a speeding case will include:
- Did the officer prove you were operating the vehicle?
- Did the officer write the alleged speed you were traveling on the ticket?
- Was the speed limit clearly posted?
- Did the officer make an independent visual determination that the vehicle was operated in excess of the speed limit?
- Did the officer show that he or she was able to make a clear assessment of a single vehicle?
- Does the officer have the proper training to operate the speed measuring device used?
- Did the officer testify that he or she has at least 40 hours of training to use the speed measuring device?
- Did the officer establish the accuracy of the speed measuring device?
- Did the officer establish that all accuracy checks were performed on the speed measuring device and at the proper times?
These are just some questions used to exam the police officer before the officer can show he is qualified to even testify about the speed.
It also depends which form of unlawful speed the ticket was written for:
- Failure to use due care
- Too fast for conditions
- Exceeding the speed limit
- Less than the speed limit
- Impeding traffic
- Exceeding speed limit in a work-zone or school zone
Each form of unlawful speed requires certain conditions to be met. If the ticket alleges too fast for conditions, it’s important to establish the road conditions that day, the weather, the traffic, and even the gradient. If the ticket alleges exceeding posted speed in a work-zone, it must be established that workers were present and there was proper posting of a work-zone. A Jacksonville Florida Speeding Ticket Attorney will be able to effectively exam the witness, poke holes in the State’s case, and argue for a not guilty verdict.
A Jacksonville Florida Speeding Ticket Attorney will also attack the speed measuring device used to determine the speed of the vehicle. Each speed measuring device has its own requirements, and those need to be established in Court. The officer may use the following devices to determine speed of a vehicle:
- Vascar &
- Airplane with a stopwatch.
Knowing how each one of these methods works and the defenses to that method is critical to getting the best possible outcome.
Know how Traffic Court works
To fight a Florida speeding ticket you need to know how the Court works. To get to a trial you may have to wait a few hours to be heard and even come back to court a few times. Every Court has procedures on how to operate. It does not help your case if you disrupt those procedures. One of the best things an individual can do in court is to show respect. Do this by addressing the Court with “your honor”, being polite, and dressing appropriately. The judge will appreciate it.
If you do not feel up to fighting the speeding ticket alone we are here to help you. Most cases are handled in one appearance without a trial necessary. If you prefer a trial, we are here to make sure the State has the burden to prove it’s case and raise any defenses you may have. Our goal is not guilty.
Please contact us today, or if you are ready to hire us, for just $70 you may do so online in just ten minutes for tickets issued in Duval or St. Johns County. Please contact us for other counties in Northeast Florida.