Transportation
Proving Your Case Against a Speeding Ticket with Video Evidence
Proving Your Case Against a Speeding Ticket with Video Evidence
Receiving a speeding ticket can be frustrating, especially if you believe the ticket to be unjust. Here’s a step-by-step guide on how to present video evidence in court and contest your ticket successfully.
Step-by-Step Guide to Contesting a Speeding Ticket
When you receive a speeding ticket and you have video evidence to prove that you were not speeding, the first step is to attend the court and plead not guilty. Presenting your video evidence during the trial can help you substantiate your case.
Attend Court and Plead Not Guilty
To start, it’s vital to go to court and inform the judge that you plead not guilty. Bring your video evidence along with any supporting documents, such as a GPS certificate of calibration if you are using this as part of your evidence.
Management of Video Evidence
Ensure the dashcam video you have is properly saved and presented in court. It’s also important to demonstrate the video before and after the traffic stop to show that you were not slowing down simply because a police car was near.
Questions to Ask the Police Officer
During the trial, ask the police officer how they determined that you were speeding. If they used radar, find out when the device was last calibrated. This is crucial because if the calibration is old or inaccurate, the evidence might not be valid.
Showing Video Evidence
Show the dashcam video during the trial, showing a few minutes before and after the traffic stop. This will help to demonstrate that you were not speeding.
Expert Testimony and Other Evidence
Once you have presented your video evidence, it’s important to back it up with expert testimony if necessary. For instance, if your GPS was calibrated, ensure you bring the GPS certificate of calibration to the court. In my experience, the court has a certificate for the police radar as well, so it’s essential to have your own for fairness.
Supporting Accurate Evidence
Ensure that your video evidence is accurate and reliable. If you have taped traffic lights or incorporated other visual evidence, it can be valuable. I taped the traffic lights in question at one of my trials, which helped me to show the prosecution that their claim of my tape being defective was unfounded.
Contacting Traffic Engineers
If possible, interview traffic engineers. Their expertise can add significant value to your case. One time, I interviewed a traffic engineer, and although the prosecution objected to hearsay, I was still able to provide relevant information.
Understanding the Prosecution’s Perspective
The prosecution will present evidence to support the ticket, but it’s crucial to be aware that they do numerous trials each day. Although the judge is not out to see you punished, they may have a more experienced perspective. Understanding this can help you approach the case with composure and prepare thoroughly.
Reliability of Video Evidence
There are scenarios where video evidence may not be as reliable as initially thought. Be prepared for some bad news. If your speed is recorded by an app on your phone, it’s generally not admissible in court due to reliability issues, including lag times. Similarly, if you recorded your speedometer, there are several problems with this approach, such as driving while recording, and potential delays in the recording process.
Calibration and Expertise
If the police officer has had their radar calibration checked within the last six months, their evidence may override your own. It’s crucial to ensure that your evidence is as accurate as possible, and if you’re relying on equipment calibration, having the latest and most up-to-date certificates is essential.
Final Thoughts
Go to court and defend yourself. It’s your right, and thorough preparation can significantly impact the outcome of your case. However, be aware that even with video evidence, it may not always be as convincing to the judge, as they have seen countless cases. Always be prepared and pursue your case with confidence.