No one likes to get speeding tickets. They are annoying. They are time consuming. They hurt your wallet when you have to pay the fine and if/when you have to pay increased insurance premiums. And you’ve heard that they can be beaten. And a Google search of how to beat a speeding ticket returns millions of results. So how is it done? Bottom line, most people get a professional speeding solicitor to help them out.
Having a good speeding solicitor on your side to fight your speeding ticket can make a huge difference in the outcome of your case, which usually ends up being a dismissal or a finding that the violation wasn’t committed. So, how do they do it? Short answer: they lawyer up just like the guys who are doing multimillion dollar litigation and murder trials.
Most speeding ticket solicitors that I know work a case from top to bottom examining the following three topics: (1) procedural violations; (2) radar maintenance and requirement violations; and (3) substantive violations.
Each presents its own opportunities for dismissal or finding of non-committed. And the reason they are done in this order is that the violations in the first category are easier to find and completely destroy the legitimacy of the ticket. When you get into category three, one starts to get into more of a gray area that may or may not result in a non-committed finding.
Procedural violations, as they sound, deal with cops, the prosecutor, and the courts following the rules they are required to follow in traffic infraction cases. Although these are easy to check for a speeding solicitor, for most people (i.e. the untrained eye), these would never be caught. And I could try to list all of these, but it would take too much time and would probably be pretty hard to understand. If you find a procedural violation, though, the result is a dismissal of the ticket outright.
Radar maintenance records and maintenance requirements are the second avenue a speeding solicitor usually proceeds down to get a speeding ticket dismissed. Because radar is often the method of catching most speeders, evidence of the radar used must be presented into evidence to get the reading of the radar admitted into evidence. And because the radar is a scientific machine that utilises scientific information specific things must be presented to the court so it can be satisfied the machine does what it is supposed to to and was doing what it was supposed to do on that particular day.
Like procedural violations, a violation here results in dismissal of the case (although here it is because the evidence is excluded from the hearing).Finally, if avenues one or two don’t work out, the third avenue is to use a motoring solicitor to determine if there is enough evidence present to allow the court to make a finding of a committed infraction. What this usually means is checking the officers report for mistakes or omissions that make the ticket unenforceable. Again, this goes back to lawyering – making sure they can make the case against your client stick. And often something can be found here to at least make a convincing argument.…