Speeding violations are one of the most common traffic citations issued and most drivers will be cited for speeding at some point in their lifetime. Whether a defense to a speeding violation applies depends on the law in your state and the circumstances of your case. This article provides an overview of the types of speeding laws and common defenses to a speeding ticket.
The available defense to a speeding citation depends on the type of speeding law you are cited for violating. Generally, there are three types of speeding laws: basic speed rules, presumed speed limits, and maximum speed limits.
Basic Speed Rules. Basic speed rules require motorists to drive at a speed that is “reasonable and prudent.” In other words, a motorist must always drive at a speed that is safe under the circumstances, taking into account things like traffic and weather.
Presumptive Speed Limit. Presumptive speed limits are also called “presumed” or “prima facie” speed limits. Presumptive limits–which are generally specified in a state’s traffic code—vary by highway type and location. For example, the presumptive speed limit might be 30 miles per hour in a business district and 25 miles per hour in a residential zone.
If you are cited for exceeding a presumed speed limit, you are presumed guilty of speeding. However, you can overcome the presumption—and beat the ticket—by proving in court that the speed was safe despite driving faster than the presumed limit.
Maximum Speed Limit. Maximum speed limits (also called “absolute” speed limits), as the name suggests, establish the maximum speed limit for highways. State laws may specify a maximum speed limit for all or selected highways, and maximum limits often vary for different types of vehicles. For example, in Oregon, the maximum speed limit on some interstate highways is 65 miles per hour for most cars. But for trucks, the maximum speed limit is 55 miles per hour.
The defenses available to a speeding citation depend on the type of speed limit the person is accused of exceeding and the circumstances of the case. Common speeding ticket defenses typically fall into one of two categories: the defendant contests that he or she was driving faster than the speed limit or admits to speeding but claims he or she was justified in doing so.
In some situations, you might want to dispute that you were actually driving as fast as the officer said you were. Generally, there are four methods police officers use to determine how fast a vehicle is traveling: pacing, sight, radar, and laser.
Challenging the officer’s perception. If an officer estimates a driver’s speed by “pacing” or “sight,” fighting the ticket will typically involve challenging the officer’s perception. With pacing, the officer gets an estimate of how fast a driver is going by driving in the same direction and matching the driver’s speed. Sight estimates, on the other hand, generally involve the officer sitting at a standstill and estimating a passing driver’s speed.
The reliability of an officer’s pacing or sight estimate, of course, depends on the officer’s ability to perceive and assess the speed accurately. So, a driver might challenge a ticket by trying to show that the officer couldn’t see the suspect vehicle clearly or long enough for the speed estimate to be reliable. Other challenges to speed estimations involve attacking the officer’s lack of training and/or certification in speed estimation.
Challenging the speed-measuring device. Police often use speed-measuring devices, such as RADAR and LIDAR, to catch speeders. Radar calculates the speed of a vehicle using radio signals and LIDAR uses lasers. Generally, speed measured by radar or laser technology is more accurate than an officer’s estimation of speed. However, radar and laser technology aren’t infallible, and a driver can make various challenges to the devices.
Speed-measuring devices generally require regular calibration and maintenance to provide accurate measurements. When a speeding ticket is based on radar or laser, a driver might try to show that the device produced an inaccurate reading because it wasn’t calibrated correctly or as frequently as required.
To produce accurate information, speed-measuring devices must also be operated correctly. Generally, officers are required to be trained and certified to operate radar and laser equipment. If an officer hasn’t received the required training or certification, a driver might argue that an elevated reading occurred as a result of the officer’s operational error.
Other challenges to speed-measuring devices involve arguing that the device produced a false reading because of some kind of interference. For example, if there were other vehicles near the suspect vehicle, the device may inadvertently read the speed of another vehicle. Additionally, sun or bright light can interfere with laser technology.
If you are cited for violating the basic rule or a presumed speed limit, you can show that you were driving a safe speed. For this defense, you would try to establish you were driving at a safe speed given the traffic, weather, or other conditions present.
Many states recognize an emergency or necessity defense. This legal justification is also sometimes known as the “choice of evils” defense. To establish this defense, you would attempt to show that speeding was necessary to prevent immediate harm to yourself or others. In other words, you aren’t contesting that you were speeding, but arguing that your speed was necessary to avoid a greater harm.
Although the specifics vary according to state law, the typical elements of the defense include:
Because the necessity defense requires proof that a genuine emergency existed, typically, providing the court with documentation to verify the emergency is key. For example, if you are speeding while driving someone to the hospital for medical treatment, you would want to provide medical records. Other examples of situations where the defense of necessity may come into play are speeding to avoid being rear-ended or to prevent a more serious car accident.
(Learn more about the procedures involved with fighting a speeding ticket.)
