How to Fight a Speeding Ticket (And Win)
Seeing flashing red lights in your rearview mirror ruins your day, but paying the ticket ruins your finances for 3 years. Paying the fine is an admission of guilt, which adds points to your record and spikes your insurance premiums by 20-30%. The secret weapon most drivers ignore is the “Trial by Written Declaration.” It allows you to fight the ticket by mail without ever stepping foot in a courtroom. Here is the step-by-step defense strategy to get your case dismissed.
1. The Rule: Burden of Proof
You do not have to prove you weren’t speeding. They must prove you were.
Your Job: Create doubt. Was the radar gun calibrated? Was the officer’s view obstructed? If the evidence is shaky, the judge must dismiss.
2. Valid Defenses (Checklist)
“I was flowing with traffic” is an admission of guilt. Use these technical defenses instead.
| Defense Type | Argument | Success Rate |
|---|---|---|
| Radar Calibration | “Prove the device was tested before/after my stop.” | High (If records missing) |
| Speed Trap | “The speed limit sign was obscured by a tree.” | Medium (Need photos) |
| Subjective Speed | “My speed was safe for conditions (Basic Speed Law).” | Low (Subjective) |
| Necessity | “I sped up to avoid a reckless driver.” | Medium (Need dashcam) |
3. Timeline: Trial by Written Declaration (TBWD)
This is the “Lazy Cop Strategy.” You exploit the officer’s workload to get a dismissal.
| Step | Action | Strategy |
|---|---|---|
| Step 1 (Receive Ticket) |
Extend | |
| Step 2 (Submit TBWD) |
Mail It | |
| Step 3 (Wait) |
Win? |
4. Strategy: The “De Novo” Safety Net
Why TBWD is a risk-free bet.
- The Concept: If you lose your Trial by Written Declaration, it’s not over.
- The Rule: In many jurisdictions (like California), you have the right to request a “Trial de Novo” (New Trial).
- The Result: You get a fresh start in court, as if the first loss never happened. It’s essentially “two bites at the apple.” If the officer doesn’t show up to the in-person trial, you win again.
5. Warning: Traffic School Eligibility
Gambling has a cost.
⛔ Judge’s Discretion
Usually, you can just take Traffic School to hide the point. But if you fight and lose:
- The Risk: Some judges may deny your request for Traffic School because you “wasted the court’s time” by fighting a valid ticket.
- The Fix: In your written defense, always include a closing sentence: “If the court finds me guilty, I respectfully request permission to attend Traffic School.”