After the flashing blue lights fade in the distance and the dreaded speeding ticket is in hand, drivers have two main options to consider. They can either deal with the ticket themselves or hire a lawyer to contest it.
While speeding sounds like a minor infraction, it killed 12,330 people in 2021 alone, according to the National Highway Traffic Safety Administration. Consequently, the ramifications of a speeding ticket can be much greater than the average driver knows.
“There are a lot of upfront and hidden costs,” says Adam Rosenblum, founder of traffic law specialty firm Rosenblum Law. “Insurance companies don’t like speeding tickets. They think this person is a reckless driver … any excuse to raise rates.”
A speeding ticket can cost money in fines, affect your driving record and raise your insurance rates. This is in addition to the time spent fighting the ticket or ending up in traffic school.
However, in most cases, drivers will not need to hire a lawyer for a speeding ticket. That is because getting slapped with a ticket is generally considered to be an infraction, not a crime. If you do not wish to contest the ticket, there is a streamlined procedure to pay the fine, which is typically anywhere from $100 to $500. Do note that this will be added to your driving record, so you should also brace for an increase in your car insurance.
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When to Seek Counsel
Individuals who have received multiple driving-related tickets, particularly in a short period, should consider seeking the assistance of a lawyer. Racking up multiple tickets can lead to your license being suspended or a traffic infraction being treated as a criminal offense.
If someone is injured as the result of your speeding, the infraction can similarly be treated criminally. In these cases, a lawyer can also help you avoid potential jail time.
Outside of these more extreme scenarios, anyone looking to fight a speeding ticket might benefit from consulting a lawyer. Speeding tickets appear on your driving record and will follow you around for years to come. If you are unable to attend traffic school and must go to court to fight the ticket, it can be helpful to consult a traffic law attorney.
“Decide when you need an expert or a lawyer. Some speeding citations may be subject to a fine only,” says Raye Mitchell, an attorney in San Francisco. “Other citations, such as reckless driving, can lead to severe charges, fines and maybe jail time. In situations where your liberty or your license is at risk, consult an attorney. In other situations, you may be able to handle the ticket on your own and only need a little expert help to get started.”
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Pros and Cons of Hiring a Lawyer
State laws can vary wildly for traffic law, and an experienced lawyer can help you determine the best course of action given your unique situation and the local laws. For example, New York City does not allow plea bargains, which might impact how you approach dealing with the infraction.
“The biggest con for hiring a lawyer to contest a speeding ticket for you is the cost,” Mitchell says. “In general, hiring an attorney to represent you will cost you about the same as your fine for the ticket.”
If you end up having to pay the fine anyway, hiring an attorney might not seem worth it. But if they can keep the infraction off of your record, they can save you a lot of money on car insurance for years. Plus, you don’t have to waste time conducting research and appearing in court.
“When you have a lawyer to represent you in traffic court, you generally don’t need to show up to court,” she explains. “Your lawyer will do that for you. For many people, this alone is worth the price of hiring an attorney.”
Another advantage to hiring an attorney is that the attorney usually has professional relationships with prosecutors and judges and, therefore, valuable insights into the processes of the local court system.
[READ: What Is an Appeal?]
Can I Represent Myself After a Speeding Ticket?
Anyone can choose to represent themselves, though experts agree you should ignore anything you have seen on TV about representing yourself in court. Attempting to mimic things you have seen on criminal procedural shows — like throwing yourself on the court’s mercy, according to Rosenblum — can deeply harm your case.
Whether you decide to represent yourself or hire a lawyer, the following steps can help you set yourself up for success when trying to combat a speeding ticket.
— Keep your own records: Make note of weather and road conditions at the time of the speeding ticket.
— Check for factual inaccuracies: Review the citation carefully to identify if the officer has made significant mistakes regarding things such as the date, time, location, vehicle description, license plate and your name.
— Review procedural defenses: Some violations only apply in certain circumstances. Did the officer write down the correct citation or alleged violation? Were you charged with excessive speeding at 65 miles an hour in a section with a speed limit of up to 75 miles per hour? Justification can also be used to excuse conduct. For example, you were driving over the speed limit while trying to avoid another car harassing you or driving dangerously.
— Check for radar gun inaccuracy: Radar guns have unique maintenance requirements and can have inaccuracies in large groups of vehicles. Additionally, radar gun accuracy degrades with distance. You should check for the calibration records to determine if the radar guns are functioning properly.
— Be courteous to the judge, prosecutor and police officer: Police officers are human and make mistakes. Resist making it personal and going after the officer or alleging any bad motives for writing the ticket. Having a good attitude with every person in the legal process can go a long way in helping you succeed in avoiding further fines.
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Do You Need a Lawyer to Fight a Speeding Ticket? originally appeared on usnews.com
