Featured News 2013 Speeding Ticket Defense in DUI Cases

Speeding Ticket Defense in DUI Cases

When you are charged with a DUI, this may not be the only individual charge that you are facing. Instead, you may also be charged with reckless driving, a hit and run, or possibly even a speeding offense. If you are issued a speeding ticket along with your DUI, this ticket alone could cost you thousands of dollars. It is in your best interests to battle the ticket in order to try and minimize your insurance premium inflation, protect your bank account, and keep a clean record.

In every single state, there are three types of speeding tickets. The first is an “absolute” ticket. These are issued if you are caught blatantly violating a posted speed limit. For example, if you are caught driving 70 mph in a 65 mph hour zone, then you can be ticketed. In some states, your ticket may be more depending on how high over the speed limit you were going. If you are issued an “absolute” speeding ticket, then there are a variety of ways that you may be able to defend your position.

You can argue that the officer’s determination of your speed was incorrect, or you can determine what method the officer used to determine your speed and attack that method. For example, he may have been using a faulty radar gun or she may have used pacing and discovered that this was not a correct way to assess you speed. You also may be able to avoid a serious charge if you can prove that an emergency forced you to exceed the speed limit. If you or someone in your vehicle is wounded or hurt, and you were speeding in order to get them to a medical facility on time, this can often be a viable defense against speeding.

Also, if you needed to speed because of an emergency on the freeway, such as an airplane’s emergency landing, this is normally a legitimate defense against a speeding ticket. You can also argue that a police officer mistook your car for another car out on the road. Oftentimes cars may look alike and a police officer may have lost sight of the car he intended to pull over and pulled your car over instead. If you are simply speeding, one of these defenses may be affective. On the other hand, if you are under the influence of alcohol and are caught driving above the speed limit, it may be difficult to defend yourself.

As well, each state has “presumed” speed limits. A “presumed” speed limit is one that is presumed by drivers because of certain weather conditions or road conditions. For example, if you are driving too fast in a snow storm, you could be pulled over and charged with violating a presumed speeding limit. You will often have the option to challenge these tickets, because you were not actually breaking a set law. Each state also has a “basic” speed law. This is a law that states that you can be charged with a speeding offense if you are not able to drive in a safe manner. You can be charged with this offense regardless of whether or not you are driving above the posted speed limit.

Studies show that many intoxicated drivers will speed. This is because they often can’t gauge the speed at which they are travelling and are not aware of the reading on their speedometer. Angry drunks often take their aggression out on the road by zooming along and putting people in dangerous situations. In fact, many drunk drivers are caught every year because a police officer notices that they are speeding and pulls them over to confront them on their traffic offense. If you need more information, then talk to a local DUI lawyer today for help. With the right attorney on your side, you will be able to get the representation you need to challenge your case and possibly explain your situation.

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