When you receive a speeding ticket, you need to decide if you are going to plead guilty and accept the punishment or fight to have your charges dismissed. While many people do not want to deal with the “hassle” of hiring a lawyer and going to court, the fact is that fighting your speeding ticket will often be in your best interests. In fact, depending on the circumstances, hiring a lawyer to fight your ticket may be the least-costly and least-burdensome option you have.
When to Fight a Speeding Ticket?
Knowing whether it makes sense to fight your speeding ticket requires a thorough evaluation of the facts specific to your case. Each person’s individual circumstances are different, and knowing if you were speeding, why you were speeding, and the facts surrounding your arrest will all be critical to determining your best course of action.
Generally speaking, however, there are certain factors that can provide defenses to speeding tickets here in Texas and in other states throughout the Southwest. Some common examples include:
- It was actually a car next to yours that was speeding
- You were speeding because of an emergency
- You were driving a safe speed given the conditions
- The equipment the police used to calculate your speed was unreliable
- A problem with your vehicle was causing you to speed
Remember, you do not need to prove that you were driving a legal speed. It is the prosecutor’s burden to prove that you were violating the law. All you need to do is cast sufficient doubt on the government’s case to warrant having your case dismissed. With the right evidence and strong legal representation, you will have a good chance of either getting your charges dropped or have them dismissed at trial.
Were You Driving on an Occupational Driver’s License?
If you are currently driving on an occupational driver’s license (ODL), the consequences of a speeding ticket can be more severe than just points and a fine. Your ability to get to school or earn a living may be at risk as well. If you have received a speeding ticket while driving on an ODL, you are strongly advised to speak with an attorney about fighting your new charge.
Practical Consequences of a Speeding Conviction
For all drivers, a speeding conviction can also mean increased insurance premiums and a mark on your permanent driving record. If you have received tickets before and are not sure of the current status of your record, you could even be facing the loss of your license.
In short, there may be more risk and you may have more options than you think. As a result, if you have received a speeding ticket, you should consider speaking with an attorney before making any decisions about your case.
Request a Free Case Evaluation from Oberheiden, P.C.
Oberheiden, P.C. is a criminal defense law firm with offices in Houston, Texas. To request a free evaluation of your speeding ticket case, call 866-603-4540 or contact us online today.
Dr. Nick Oberheiden is a national litigation and trial criminal defense attorney who practices exclusively in the area of federal law.