In many states, you can legally speed - travel over the posted speed limit and be completely within the law. All states classify their speed law under one of three categories:
1. Absolute
2. Basic
3. Presumed
Depending on which states have what, you could easily formulate a defense based on their speed law. Below, I give you a quick breakdown of the various speed laws different states have and how to use their own law against them in court.
Absolute Speed Law:
Some states have what is called an absolute speed law.
This means that if you so much as exceed the posted speed limit by one mph, you are guilty of speeding.
There is not much room for argument on your part here.
If the speed limit is 50 mph and you go 51 mph, you are guilty of "breaking the law".
Basic Speed Law:
In states with a basic speed law, you can be ticketed for traveling under the speed limit if at the time it was unsafe to do so. In other words, traveling at unsafe speeds, no matter what the speed limit says can get you a ticket.
So, if the speed limit was 35 mph and you were traveling 33 mph plus it was raining or snowing at the time, a cop may judge your speed to be unsafe or "too fast for conditions". Even though you were under the speed limit, you can still get a ticket in these states with a basic speed law.
As a matter of fact, every state has a basic speed limit law but may use a different name. Or mix it in with the next speed law.
Presumed Speed Law:
Other states have a presumed speed law. This is the law that will allow you to legally speed - travel over the posted speed limit legally. However, it's important to realize a few things here:
1. Road conditions must be favorable to do so
2. Weather conditions must be clear and dry
3. No pedestrians in the immediate area
4. Did not grossly exceed the speed limit
If all four conditions have been met, you have not violated the law!
EXAMPLE - Let's say it's a warm, dry and sunny day in your city. The sky is clear and visibility is at a maximum. You're traveling on the highway to Sunday church.
Right before you reach your exit, you get pulled over for speeding. The officer says you were doing 75 mph in a 65 mph zone and gives you a ticket. If your city or state has a presumed speed law, you could easily have this ticket dismissed in court.
Because all four conditions have been met, you are NOT GUILTY of speeding in the eyes of the law:
1. Road conditions favorable (dry and sunny day)
2. Weather conditions favorable (sky clear and no rain or snow)
3. No pedestrians (traveling on highway)
4. Actual speed favorable (only exceeded a 65 mph limit by 10 mph)
5. Plus you have a bonus; the fact that it was Sunday morning also shows that traffic was light at the time
(I might also point out that all of the above conditions don't necessarily have to be met to legally speed, but the more the better.)
The above example gives you a good idea of what type of conditions must be met in order for your defense to work in court. Now would be a good idea to take pictures of the general area and roads to show how dry and clear conditions were.
You may also want to point out to the judge what is written on the ticket. Every traffic ticket gives the weather, traffic and visibility conditions for the time you were pulled over. Look to see if everything has been met and use that as evidence in court.
I think it's safe to say that this defense would best work on a highway for three reasons:
1. Exceeding a highway speed limit by 10 mph is safer than exceeding a city street speed limit by 10 mph.
2. It's easier to prove there weren't any pedestrians on the highway.
3. Most states allow for a presumed speed limit only on a highway or long stretch of road.
Well, there you have it. A proven defense you can use the next time you get a speeding ticket on a dry, sunny, clear day. Just make sure you weren't going too fast!
Damon Dallah is a best selling author and owner of a popular website that teaches ordinary people how to contest traffic tickets in court. For more defense strategies visit Traffic Ticket Secrets where you will find numerous legal defense tactics hundreds of drivers all over the country have used to beat speeding tickets without hiring a lawyer.
Article Source: http://EzineArticles.com/?expert=Damon_Dallah
0 comments:
Post a Comment