Most people don’t understand that they have a lot of freedom with respect to the legal process. Legally, someone has a right to file any lawsuit. It is the responsibility of the court to determine the merits of said lawsuit. Likewise, you can appeal any speeding ticket you receive. Here is how to do it.
In order for a police officer to prove that you were speeding, he must offer his own testimony along with any evidence, like a radar gun report. To win your case, you must prove that either 1) the radar gun was malfunctioning or 2) that the officer improperly used it.
With modern cell phone cameras, it has become easier to collect evidence at the scene of an alleged crime. Take pictures of the road, speed limit signs, road conditions and other vehicles. Do you have any evidence of your speed? Also, look at possible obstructions – did the police officer have a clear view of your vehicle?
If possible, collect contact information from witnesses. A common defense is to assert that you were simply driving at the same speed as other cars. Can a passenger, bystander or driver support this assertion?
Defending Your Innocence
There are many hearings during the court process, so you must be patient. There might be a full docket and you will need to wait until your name is called. Be sure to have your evidence ready as early as possible. You won’t need to have your witnesses show up until the actual court trial.
The court official will state words to the effect of the following during your arraignment hearing: “To the charges of speeding what does the defendant plead?” You are the defendant. If you want to appeal your speeding ticket, you reply – “Not Guilty.” Next, the court will schedule your court trial.
Defending yourself is called Pro Se and is your legal right. You have the right to view the evidence of the prosecution, including the police report.
On your trial date, arrive at the court early. Most court rooms will have a check-in process. Sometimes, police officers do not show up. Unfortunately, instead of identifying you that the prosecution has dropped your case, you won’t find out until your court trial. During your court, you must defend your position with your evidence. Be respectful, but strong.