Sunday, January 5, 2014

How to Beat a Minnesota Speeding Ticket (Explained)

You just got a ticket ... and you can't have it go on your record, right?  An experienced Minnesota Traffic Ticket Lawyer an help you with that.

Defenses to a Speeding Ticket

There are many potential defenses to a speeding charge. Most people who get speeding tickets have a clean record over the previous five years.  

This is favorable.  

A person with a clean record has a better chance of getting an outcome such as a suspension of prosecution or stay of adjudication --- the kind of result that should keep their driving record clean,  Granted, it will come at a cost ... but it should actually save you money in the long run - see: increased insurance costs. 

The number-one non-lawyer mistake I have observed over my life as a Minnesota Criminal Defense Attorney is to focus on defenses rather than  the desired outcome.  

Keep your eye on the prize. 

Justice is not perfect in our imperfect world.  The laws are enforced and administered by humans.  If you are wrongly accused of a traffic offense, despite the B.S. of being falsely accused, it may be better to be willing to pay to keep the ticket off of your record - even if you are innocent.  That said, here is some discussion of defenses.

1.  Reasonable and Prudent.  Even if you were over the posted on the highway, was the speed reasonable and prudent? Intent can play a role here as well.  Relevant factors could include road conditions, traffic conditions, incline, mechanical issues, etc.

2.  Passing.

3.  Identity. Can the state prove that your vehicle was the one that was actually speeding?

4.  Excuse defenses.  Example: How about the person driving a heart attack victim, or woman in labor, to the emergency room?

5.  Evidentiary issues.  Can the government offer sufficent foundation or its speed evidence - ie., documents showing that the radar or laser/lidar was in fact working?  

6.  Impossibility.  Can a state trooper in a helicopter (with a stop watch) really assert that a motorcyclist was traveling significantly faster than the maximum top speed for that motorcycle?

I'm a former prosecutor who has participated in hundreds of Traffic Citation trials --- on one side or the other.  (I've even picked up a few tickets myself.)  Let me put my inside knowledge to work for you.  Call The Rolloff Law Office for a FREE CONSULTATION.  (612) 234-1165. 

1 comment:

  1. This is a great post! This has always remained a tough question that How to beat speeding ticket .