You may be all charged up thinking, “I am going to fight my speeding ticket”. Before you make any moves, read this article. A presumed speed limit is the safest posted speed a driver should drive in accordance to road, weather and traffic conditions at a given time.
Someone charged with violating a presumed speed limit is assumed to have exceeded the safest posted speed limit considering the conditions at the time of committing the offense. This argument is very handy to fight speeding ticket.
There are certain conditions where someone accused of violating a presumed speed limit could possibly have defense. They are;
Assume you are accused of violating an absolute speed limit law and claim not to have exceeded the stipulated speed limit just as you will in the case of violating an absolute speed limit law.
Take advantage of the conditions given in presumed speed limit and claim were driving carefully having met the approved road, weather and traffic conditions at the time even if you exceed the posted speed limit.
Your ability to show that you slightly exceeded the presumed speed limit at permissible conditions put you at a winning side. If the officer can probably prove that you were driving at a speed within 10 mph above the posted speed limit, then your defense should concentrate at driving at a safe speed, holding on to the argument that the conditions at that time allowed for such speed. For help with traffic ticket call us at (888) 610-2466.
Although there are many roads designed for safe driving at speed greater than the posted speed limit due to political pressure on public officials to reduce their speed, it is almost practically impossible to prove that it was safe driving at a speed almost twice the posted speed limit.
Presumed speed limit laws work in two dimensions depending on the traffic, road and weather condition at the time. For instance, it may be safe to drive beyond the posted speed limit on a pleasant summer morning on a wide and uncrowded highway. Whereas, an officer can still ticket you for driving at, or below the posted limit if it is unsafe to do so. A typical example is on a wet day when visibility is limited by fog. This is irrespective of the state you are.
Having this in mind, in other to have a good defense the following tips should be taking;
A photograph of the scene at the same time and day of the week is a vital tool to defend your case, especially if from the driver’s view point you can provide pictures that established that the road was straight and with good visibility.
A sketch of the road, indicating the location of your vehicle, the officer’s vehicle and any other traffic will help if the offense was not in a busy commercial district where cars enter and exit parking lots and business premises.
You could argue that everyone was exceeding the speed limit by about 10 mph and you would have endangered yourself and other commuters if you have driving slower than the traffic flow.