Dealing with Speeding Tickets: The Steps to Take If the Amount Is Incorrect

Receiving a speeding ticket can be frustrating, especially if you believe the amount is incorrect. It is important to understand the legal process and the steps to take to challenge the ticket. In this article, we will discuss what you should do if the amount on your speeding ticket is not what you believe it should be.

Arguing the Ticket in Court: When to Contest and When to Admit Guilt

If you believe the amount on your speeding ticket is incorrect, the first step is to take the ticket and argue it in court. However, it is important to understand that the police officer is likely to be correct and you may end up admitting guilt for a higher speed than you actually drove. The trial in traffic court is determined by preponderance of evidence, which means the judge will likely side with the police officer due to their job expertise and training.

Before going to court, ensure you have the necessary funds to pay the fine. This way, even if the court does not favor you, you can pay the fine without any financial stress.

Understanding the Speed Limit and Supporting Evidence

First, you must be aware of the latest traffic rules in your area. If the speed limit is 55 mph and the officer states it was 40 mph, you should contest the ticket. However, if you were actually driving faster than 40 mph, you may still face the consequences. In such a case, it is still advisable to fight the ticket as you may be guilty of speeding.

If the speed limit is lower than the amount you were actually paying, you should pay the ticket. If it is higher, you should contest it in traffic court. If you were actually going under the stated speed limit, ensure you bring evidence to support your claim, such as a sign indicating the correct speed limit.

Paying the Fine vs. Contesting the Ticket

One crucial step you can take is asking the police officer to issue a Court Challan instead of paying the fine immediately. This way, you can avoid paying the fine to the police and keep your funds safe until you can contest the matter in court.

The Motor Vehicle Act was amended in 2019, and it includes several important points that have been discussed in various legal videos. It is advisable to familiarize yourself with these points through resources like the The Legal Indian channel on YouTube for regular legal updates.

Seek Legal Advice and Prepare for Court

It is important to consult with a defense attorney to understand your options. Your attorney can help you navigate the legal process and prepare a strong case. In some jurisdictions, the court might even dismiss the ticket if the error is in your favor. However, be prepared to admit the speed you were driving, as this could inadvertently admit guilt.

Remember, if the officer does not show up in court, the citation will be withdrawn or thrown out. Otherwise, be prepared to present your side of the story.

Therefore, if you receive a speeding ticket with an incorrect amount, consider the following steps:

Take the ticket to court and argue the case, but be prepared to admit to a higher speed. Ensure you have the means to pay the fine, in case you do not win the case in court. Be aware of the correct speed limit and gather any necessary evidence to support your claim. Consider asking for a Court Challan to avoid immediate payment. Consult a defense attorney to discuss your options and prepare your case.

By following these steps, you can maximize your chances of resolving the situation in your favor.