How to Contest a Speeding Ticket
Receiving a speeding ticket can be a frustrating and costly experience, but in Missouri, you have the option to contest the ticket and potentially avoid fines or points on your driving record. If you believe you were ticketed unfairly or wish to challenge the validity of the citation, there are several steps you can take to contest a speeding ticket.
Attorney Jeff Jarrett has more than 30 years of experience helping those in Kansas City, Missouri, and the surrounding areas challenge their speeding tickets. The process of contesting the ticket involves recognizing Missouri traffic laws, gathering evidence, and deciding whether to go to court.
Review the Ticket Carefully
Before taking any action, it's important to thoroughly review the speeding ticket for errors. Check for the following:
Date and time: Verify the date and time of the alleged violation to help make sure they align with your personal schedule and any other records you may have.
Location: Make sure the location listed is accurate and corresponds to where you were driving at the time, as this can affect the validity of the citation.
Speed: Make sure that the speed you were cited for is correct and accurate according to your recollection, and check whether the posted speed limit was clearly marked at the location.
Officer information: Make sure the officer’s name, badge number, and other details are correct, and note any discrepancies that may affect the validity of the citation.
Signature: In some cases, the ticket may require your signature or acknowledgment, which can serve as a formal indication of receipt or agreement with the information provided.
If any of the information on the ticket is incorrect or unclear, you may have grounds for contesting it. For instance, an error in the recorded speed or the location could be sufficient to argue that the citation is invalid.
Review Missouri's Speeding Laws
In Missouri, speed limits are set by type of road, with specific limits for residential, business, and rural areas, as well as for interstate highways and freeways. These limits are designed to enhance safety based on traffic patterns and road conditions.
Residential areas: 25 mph
Highways: Generally 55-70 mph
Interstate highways: Typically 65-70 mph
School zones: Typically 20 mph when children are present, but can vary
Missouri also has specific penalties for speeding in construction zones, which can be much higher than regular speeding fines. For instance, fines for speeding in a construction zone can be doubled. The law in Missouri also gives officers the discretion to issue tickets based on their observations, including visual estimation or radar technology.
If you're unsure about whether your speed was within the legal limit or how the officer may have measured your speed, this is a key point to research when preparing to contest the ticket and when deciding whether to plead guilty or not.
Decide How to Plead
Once you’ve reviewed your ticket and understand the laws, you'll need to decide whether to plead guilty or not guilty. This decision will influence how the case proceeds.
Pleading guilty: If you believe you were speeding and wish to pay the fine or settle the matter quickly, you can choose to plead guilty. You can typically pay the fine online, by mail, or in person. If you plead guilty, you'll also receive points on your driving record, which could affect your insurance rates.
Pleading not guilty: If you believe you weren't speeding or have other reasons to contest the ticket, you can plead not guilty. This means you'll need to appear in court, and you'll have the opportunity to present evidence and argue your case before a judge.
If you choose to contest the ticket, the next steps will guide you through the process of preparing for and attending a court hearing.
Request a Court Hearing
Instructions for how to request a hearing are usually provided on the back of your ticket. This can often be done by:
Mailing in your plea: Check the box indicating you're pleading not guilty and mail it to the court address listed on the ticket. Some jurisdictions may allow you to make this request online.
Appearing in court in person: If the instructions require, you may also appear at the court office in person to request a trial date.
Make sure to follow the instructions carefully and adhere to deadlines, as missing a deadline could result in a default judgment against you, meaning you may be found guilty and required to pay the fine. Hiring a lawyer, such as Attorney Jeff Jarrett, for your defense in this case can be beneficial.
Prepare Your Defense
Depending on the circumstances of the ticket and your situation, there are several possible defense strategies you can use to prepare for your defense.
Challenge the Accuracy of Speeding Equipment
Missouri law allows officers to use radar, lidar (laser), or pacing to measure a vehicle’s speed. If the officer used radar or lidar to measure your speed, you can challenge the accuracy of the equipment.
Request evidence of the officer’s certification in operating the radar or lidar device. Additionally, ask if the device was properly calibrated and maintained. If the device wasn't properly calibrated or was malfunctioning, it could be argued that the speeding measurement is inaccurate.
You can request the maintenance and calibration logs of the equipment used to measure your speed. If the officer can't produce evidence of proper calibration or maintenance, it may weaken the case against you.
Question the Officer's Observations
If the officer cited you based on visual estimation (such as pacing), you can challenge the accuracy of their observations. Your lawyer may question the officer about their experience and training in estimating speed and whether they were able to confirm your speed using a radar or other measurement tool.
Additionally, you can examine whether the officer had a clear line of sight to see your vehicle, or if there were other conditions that may have impaired their ability to accurately judge your speed (e.g., weather conditions, other traffic, or obstacles).
Speeding Signage
If you were ticketed for speeding in an area where the speed limit signs were missing, obscured, or improperly posted, you may have a valid defense. You can gather evidence by photographing the area or providing testimony about the visibility of speed limit signs at the time of the violation.
Necessity or Emergency Situations
If you were speeding to avoid a dangerous situation or to rush a person to the hospital, this may be an acceptable defense. However, this defense is typically challenging and would require strong evidence to support it.
No Proof of Speeding
You can argue that the officer’s testimony alone is insufficient to prove that you were exceeding the speed limit. This is particularly effective if there were no radar or lidar readings, and the officer’s visual estimation was flawed or unprovable.
Attend Your Court Hearing
On the day of your court hearing, be sure to arrive early, dress professionally, and be prepared to present your defense. If you're contesting the speeding ticket, you'll have the opportunity to present evidence and question the officer in court. Some things to keep in mind include:
Bring all relevant documentation: This may include photos of the scene, calibration records for the radar or lidar device, any maintenance records, and witness statements.
Prepare to cross-examine the officer: If the officer is present, you may have the chance to question them about the accuracy of their observations and the evidence they collected.
Stay calm and respectful: Always remain respectful to the judge, the officer, and other court personnel. A positive demeanor can help your case, while disrespect may hurt your credibility.
The judge will then decide whether you're guilty or not guilty. If you're found not guilty, the ticket will be dismissed, and no fines or points will be added to your record. If you're found guilty, you'll be required to pay the fine, and points will be added to your driving record.
Appeal the Decision (If Necessary)
In Missouri, you generally have 10 days after the judgment to file an appeal. Appeals typically involve asking a higher court to review your case based on legal errors rather than the facts of the case itself. Consult with Attorney Jeff Jarrett iif you're considering this option.
Contesting a speeding ticket in Missouri is a process that requires careful attention to detail, a strong understanding of the law, and preparation of your defense. By following the proper steps, you may be able to successfully contest your speeding ticket and avoid fines and points on your record.
Contact an Attorney Today
If you're challenging a speeding ticket in court in, Attorney Jeff Jarrett can help. He assists clients in in Kansas City, Missouri, as well as Jackson County, and Clay County. He also helps clients in Johnson County, Kansas; Wyandotte County; and Leavenworth County. Contact Jeff Jarrett Law Office today to schedule a consultation.