Although it might seem like a relatively minor offense, speeding can have long lasting repercussions especially if it is not the first time that you have been cited. For this reason it is often in the best interest of those accused to attempt and challenge their ticket in court in order to give themselves the best chance at avoiding penalties such fines and demerit points.
With this in mind, the following are potential defenses that can be used in speeding ticket cases and some mitigating factors that may be able to help in court. To discuss what may be a viable defense for your case, call and schedule a consultation with a Fairfax speeding ticket lawyer today.
The strongest defense for exceeding the speed limit is that it was an emergency situation. However, another good defense that is available is if the driver can present evidence that his speedometer was not properly calibrated. This defense works best when then speedometer is off, but not by so many miles per hour that a reasonable person should have noticed the discrepancy.
The best mitigating circumstances for speeding are emergencies. If you can prove in court that the only reason you were speeding was to prevent the loss of life or limb, then you may be able to win over a judge. This is going to be dependent on the exact facts of the situation however.
Going with the flow of traffic is probably the most common speeding defense that clients present. However, this is an explanation, and not a valid legal defense.
In reality, if the entire highway is speeding, the entire highway is just as guilty as the driver that’s in the courtroom trying to defend his case. The only way that this could be a viable defense is if the defendant can prove that not going with the flow of traffic would have been more dangerous than speeding.
This can be used as a defense, but only if you can show that there was a reason that you were rushing to the hospital. Somebody who just hurt their knee and was not in danger of losing their leg would not have as strong of a case as somebody who is suffering from something that requires treatment as soon as possible, such as bleeding out.
If there is no sign there are default speed limits for different types of roads. In business and residential areas, most areas have 25 miles per hour as the speed limit. Secondary roads follow a 45 mile speed limit for trucks and 55 miles per hour speed limits for every other vehicle. For unpaved roads, the maximum speed limit is 35 miles per hour.
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