I hope that everyone reading this blog knows that speeding is against the law and should be avoided. Driving within the speed limit reduces your chances of being involved in a car accident and / or injuring your family, loved ones and others involved. If you feel that you have been issued a citation for speeding without reason or cause, here are a few things that you should know before attending your traffic court hearing.
- The office that issued you a citation must provide evidence to support his citation. Without the supporting evidence, the ticket can be successfully overturned.
- The radar/laser gun used by the officer must be approved by the Department of Highway Safety and Motor Vehicles. You can find a complete list of approved speed measuring devices here.
- You will want to know whether the officer has satisfactorily complete the appropriate training course (Please note that there are different certifications for radar and laser).
- Make sure that the officer has made an independent visual determination that your car was being operated over the posted speed limit.
- From what evidence did the officer base his citation? He/she must base the citation on evidence obtained from his radar or laser when conditions allow for a clear designation of speed to a single vehicle. The single vehicle is VERY important.
- If the officer was using a radar, make sure that the radar did not have an activated automatic speed lock or audio alarms.
- If the officer was using a laser, make sure that the officer was utilizing a laser with an audio Doppler engaged.
- The radar or laser must meet the minimum design requirements as established by Florida law.
- Has the radar or laser been tested within the past six (6) months?
- If provided with a calibration log from the officer, make sure that the serial number provided in log matches the serial number on the citation.
The process of disputing a speeding ticket is not for the faint of heart. If you do not think that you can adequately question the officer during a live court proceeding and be effective, you are better served with retaining a licensed Florida attorney to handle the matter. I encourage everyone to pay attention to the speedometer. Don’t speed. Leave early to avoid feeling the need to speed. Your life and the lives of others may be at risk.
If you have ever been injured in a car accident, contact the personal injury attorneys at Brannon & Brannon for a free consultation.