Defenses in an Absolute Speed Limit State Text Size:

If you have gotten a speeding ticket in an absolute speed limit state, you have violated the law if you drove even one mile over the posted speed limit. The procedures for contesting the ticket are the same as for speeding tickets in a presumed speed limit state, but the defenses are a little different.

Preparation

In order to prepare to defend yourself in court, obtain discovery from the prosecutor. That includes copies of the police officer's notes and maintenance records for any radar or laser equipment the officer used. It also includes any police reports of the stop and any witness statements.

Observe traffic trials similar to yours. Take photos of the place where your speed was checked, showing the location of your car, the police car, and any obstructions between the two vehicles. It may be helpful to make a diagram of the scene. Contact any witnesses.

General Defenses

Speeding is a strict liability offense, which means that your intent in driving over the speed limit is not an issue and does not matter. Driving in excess of the posted speed limit, by itself, establishes a prima facie case of a speeding violation. Therefore, if the prosecutor shows that you were driving in excess of the posted speed limit, the evidence is sufficient to sustain a conviction.

There are, however, some defenses to a speeding ticket in an absolute speed limit state, including:

• Your excessive speed was caused by dangerous actions of law enforcement officers
• You encountered a sudden emergency which could only be avoided by driving your car above the speed limit
• You were not driving the speeding vehicle
• Your vehicle was not the vehicle that was speeding
• The police officer who gave you the speeding citation was out of his jurisdiction (the place where he has authority to write a traffic ticket), the officer did not engage in "hot pursuit" to stop you, and state law did not extend the officer's jurisdiction

Defenses to Radar Systems and Laser Guns

The defenses to radar systems and laser guns are the same in an absolute speed limit state as in a presumed speed limit state. They are the same because radar systems and laser guns simply measure the speed of vehicles.

Because a radar system tells the operator how fast the vehicle with the most dominant reflective surface is going, you should see if there are any reflective surfaces in the area where your speed was checked. Your argument to the judge would be that the officer's reading was inaccurate because something interfered when the officer was trying to measure your speed. If you think that the equipment was not properly maintained, your attorney will need to subpoena police records.

Laser speed guns used by police can measure distance and calculate speed by comparing the change in distance against a specific span of time. Your defense might be that the gun was measuring some object other than your vehicle. It would be very helpful for you to have an attorney in this situation because the equipment and the defenses are complex.

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