Contesting a 1 MPH Speeding Ticket: Legal Strategies and What the Law Says

Receiving a speeding ticket for driving just 1 mile per hour over the speed limit can be frustrating. However, there are legal strategies you can employ to contest the ticket effectively, depending on the jurisdiction and evidence presented. Understanding the rules and the requirements of the court can help you make an informed decision.

Global Perspectives and Rules

In the UK, the law is more relaxed: The rule of thumb in the UK is that if you're driving 10 mph over the posted limit, you're considered to have a faulty speedometer. Therefore, if the speed limit is 30 mph, you can drive up to 35 mph with assurance that you're within legal boundaries.

In the USA, the enforcement is stricter: According to the law, the speed limit includes a margin of 5 mph. For example, if the posted limit is 55 mph, you can only be fined if you exceed 60 mph. However, the posted limit must always be followed, and driving just 1 mph over it can still be a violation.

Strategies to Contest the Ticket

1. Poor Equipment as a Justification: You can argue that the police equipment may not have been calibrated correctly. In the USA, it is a common practice for law enforcement to check radar accuracy and speedometer calibration. If you suspect the equipment used may have been faulty, you can challenge the legitimacy of the reading.

2. Document Your Case: Collect any documents that support your claim, such as maintenance records for your vehicle or any calibrations made. Present these documents to the court to show that your speedometer was in good working condition. Additionally, synchronize your speedometer display and any pink-slips from your car with the officer's meter to highlight any discrepancies.

3. Questioning Officer's Accuracy: If the officer can't provide specific information about equipment maintenance, such as the last time their tires were changed or their radar was calibrated, it undermines their claim of accuracy. If they can't answer, you can argue that it's highly improbable that the equipment was properly calibrated.

For instance, if the officer claims their radar was accurate but can't provide evidence, you have a strong case against the ticket.

Scenarios and Realities

While it's improbable that you were only 1 mph over the speed limit, it's important to consider the actual reality. If you are confident that you were driving significantly over the speed limit, presenting this evidence is important. However, if you're still not convinced, you might want to consider the following:

1. UK Rule Consideration: If you're in the UK and believe you were only 1 mph over the limit due to a faulty meter, you should look up the 10 over plus 2 rule. This means that if the speed limit is 30 mph, you can drive at 32 mph without a problem.

2. USA Consideration: In the USA, if you're certain you were only 1 mph over the posted speed limit, you can still present evidence to support your case. For instance, if the speed limit is 55 mph and you were clocked at 56 mph, you should argue that the 1 mph difference is negligible and essentially a matter of equipment inaccuracy.

Conclusion

No matter the jurisdiction, it's often smarter to contest a 1 mph speeding ticket in court. You have the right to a fair hearing, and presenting evidence of faulty equipment can be a powerful argument. However, if the fine is not substantial, you might choose to pay the fine and avoid the hassle of court.

Remember, your vehicle's speedometer and radar equipment can have some inaccuracies, and challenging these devices can be a strong legal defense. A little preparation and the right arguments can help you sidestep an unwarranted fine.