How to Defend Yourself on a Radar Speeding Ticket
- 1). Determine whether the state you were speeding in is an "absolute speed limit" state or a "presumed speed limit" state. An absolute speed limit state charges a driver with breaking the law if he exceeds the posted speed limit. In a presumed speed limit state, a driver is presumed to be breaking the law by exceeding the speed limit. It is more difficult to contest a ticket in an absolute speed limit state; whereas in a presumed speed limit state, the driver can attempt to prove she was traveling at a safe speed for the road and traffic conditions.
- 2). Prepare your case. Collect any necessary police records of the notes of the office who gave you the ticket. Photograph the location where you were charged with speeding on the same day you get the ticket. If you can prove that the radar's line of sight may have been obscured by obstacles, your case will be stronger.
- 3). Observe speeding ticket trials similar to your own at the traffic court where you are scheduled to appear. This can help you determine which presentation styles and methods work best.
- 4). Subpoena the maintenance records of the radar equipment used to clock your speed. This process can take time and should not be done without a lawyer's assistance. If you can prove that the equipment was faulty or poorly maintained, your case will be more convincing.
- 5). Prove that the officer on duty was not qualified to use a radar gun. You would need to obtain either a report from the police department stating that the officer was not qualified to operate radar equipment or testimony from the officer that reveals his or her ignorance of radar system operation.
- 6). Take your vehicle to a mechanic and ask to have your speedometer calibrated.