Thomas G. WitkopLaw Offices

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Why it's often worthwhile defending your speeding ticket

Speeding charges or one of the most common charges seen in traffic court. In Maryland speeding convictions put points on your driving record. Points on your driving record lead to increased insurance premiums and even cancellation of insurance coverage.

In Maryland speeds from 1 mile over to 9 miles over equals one point
10 miles to 29 miles over the limit two points
30 miles over the limit five points
anything over 85 mph five points (for example the speed limit is 65 mph and you are clock doing 86 mph that would be five points)

When you receive a speeding ticket you could simply pay the ticket and the points would be automatically assessed against your driving record. That may be convenient but it could lead to long time insurance increases, insurance cancellation and if you accumulate eight points or more license suspension, 12 points or more license revocation.

When you receive a speeding ticket even if the ticket is only $160 (a not unusual rate for a two point speeding ticket) you might consider spending the several hundred dollars it might cost to retain me.

Case in point. I was in traffic court recently. Most people were unrepresented. Several were lucky, the police officer did not show and the tickets were dismissed. That's a pretty good reason for asking for a trial. The defendant has the presumption of innocence and the burden is on the state to have the evidence to prove the defendant guilty. If the officer does not show many times the court will dismiss the ticket.

Before my trial I watched others plead guilty on their speeding tickets. They had the same officer as my client. The judge often would reduce the points on the ticket somewhat and would reduce the fines but there were still convictions.

Under the law of Maryland there really should not be a trial penalty. In other words, the judge should not hold it against you if you exercise your constitutional right to have a trial.

Speeding trials in Maryland are often trial by surprise (I really don't know what the officer will say specifically or what evidence the officer necessarily has, there is no official discovery process for nonserious traffic cases). Nonetheless I have done this for many years and generally know what the officer needs. In my case the officer testified that he was certified to use laser equipment to establish speed and had his certificate as to his qualifications. He also testified that the equipment he had was properly checked out and certified but he did not have the certifications with him. I objected arguing that the best evidence rule required the presence of the certificates. The judge correctly, in my opinion, ruled that the officer did need these certificates and found my client not guilty.

It cost my client several hundred dollars more than the original ticket but it saved my client from increased insurance premiums and possible insurance cancellation.

If you receive a speeding ticket feel free to call me, I might be able to help.

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