Police Officer or Judge Can Increase Speeding Ticket: Understanding the Legal Process

Dealing with a speeding ticket, especially when you are denied the original charge by a police officer, can be stressful and confusing. Sometimes, a police officer may decide to issue a ticket for a lower speed, only to reconsider during court proceedings. Here, we explore the rules and procedures governing this situation, including whether a police officer or a judge can increase the speed charged on a ticket.

Police Discretion in Issuing Tickets

When a police officer pulls over a driver for speeding, they have the discretion to determine the actual speed at which the driver was traveling. This is typically based on the speedometer reading, radar guns, or other devices used by law enforcement. If the officer believed you were going 10 miles per hour (mph) over the speed limit and issued the ticket at that speed, this is the charge that appears on the ticket, unless new evidence is presented.

Can a Police Officer or Judge Increase the Speed on a Ticket?

In general, a police officer or a judge cannot unilaterally increase the speed on a speeding ticket after it has been issued. Once the ticket is filed, the charge sticks based on the officer's initial assessment. However, there are some exceptions and factors to consider:

Officers' Discretion: Currently in some jurisdictions, a police officer can amend the citation to the original speed they believed the driver was traveling. However, this is less common and can seem retaliatory. Court Proceedings: In court, the judge reviews the evidence, including the officer's testimony. The judge cannot increase the charge unless new evidence is presented that justifies a different charge. Even if the officer initially cited the driver for a lower speed, the judge cannot raise the speed without proper legal grounds.

The key principle here is that the judge is not authorized to increase the charge to what the officer initially suggested without appropriate justification. This is due to the principles of due process and fairness in the legal system.

Why Did the Officer Lower the Charge?

When an officer initially cites a driver for a lower speed, it may be an attempt to settle the matter quickly. By lowering the charge, the officer might be hoping to avoid a longer and more complex court process. If this arrangement is not satisfactory, the officer can still increase the charge during court proceedings. In fact, in some cases, including both the current charge and the original perceived speed might make the matter more serious, as it shows you were indeed traveling faster than the posted limit.

Fighting the Speeding Ticket

Many drivers face the decision of whether to fight the speeding ticket. If you want to contest the ticket, you should be prepared to present your case. This includes any evidence, arguments, or witnesses that support your claim that you were not speeding. You have the opportunity to explain why the ticket should be dismissed or reduced.

The potential outcomes include:

Upholding the Ticket: The judge may decide to uphold the original charge if the evidence supports it. Reducing the Charge: If you provide sufficient evidence, the judge may reduce the charge. Dismissing the Ticket: The judge may choose to dismiss the charge if the evidence is not strong enough to support the original citation.

It is important to remember that the judge cannot increase the charge to what the officer initially suggested without appropriate justification. The process is designed to be fair and impartial, and judges must base their decisions on the evidence presented.

Seek Legal Advice

If you are uncertain about the process or want to ensure you have the best chance of success, it is wise to consult with a traffic attorney. An attorney can provide guidance based on your specific situation and jurisdiction. Legal advice can be crucial in navigating the complexities of speeding ticket proceedings.

Remember, while the officer can issue a ticket based on their assessment, the judge cannot change the speed on the ticket to a higher amount without appropriate justification. Understanding this can help you prepare for your court appearance and make an informed decision about whether to contest the ticket.