Speeding is likely the most commonly committed crime in America and throughout Minnesota. In fact, the Minnesota Department of Public Safety recently announced the citation data from the July speeding crackdown, and they noted than more than 20,000 speeding citations were issued in just one month here in Minnesota.
It may seem like a pretty cut and dry case if you are pulled over by police and issued a traffic citation, but you have more defense options than you may realize. In today’s blog, we share some of the best defense options if you are issued a speeding ticket in Minnesota.
The Best Speeding Defenses
The following is part of a series that focuses on the best defenses for specific crimes in Minnesota. Remember that this is just general information, and the actual best defense plan will come from a lawyer who can review the specific facts of your case to give you the best chance of beating the charges. So while we will look at some defenses that are oftentimes effective, a lawyer will be able to help you determine your best path forward. For help with this decision, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
1. Necessity – You may be able to argue that you were only speeding due to an emergency situation. Be aware that being late for work or an appointment is not considered a necessity. However, if you were dealing with a medical emergency, you may be able to argue that your speed was necessary.
2. Radar Gun Issues – You may also try to make the argument that there was an issue with the radar gun used to track your speed. For example, you may try to argue that the radar gun picked up another vehicle’s speed, or that the radar gun was not properly calibrated or serviced. You’ll need to provide evidence to support this claim, which won’t always be easy. Pictures or videos from the scene or digging into the radar gun’s service records can help to support your argument in some cases.
3. Mistaken Identity – There are a number of vehicles that look alike on the road, and if an officer cannot safely enter traffic in order to pursue a suspect, it can take them a while to catch up to the vehicle they believe they saw speeding. If you are stopped, but it was clear that a similar looking vehicle was the speeding vehicle being pursued, you may argue that police stopped the wrong vehicle.
4. No Posted Signage – You may attempt to argue that you didn’t know the speed limit because there were no posted signs. If storm damage or other issues led to signage issues, you may have a case. That said, Minnesota has default speed limits for unmarked roads, meaning that you’re not going to win your case if you were going 100 miles an hour even if there was no posted speed limit.
5. Flow Of Traffic – A final defense we’ll touch on is the flow of traffic defense. If you were ticketed going 75 miles an hour in a 65 mph zone, you may argue that you were only traveling at this speed because everyone else around you was also traveling this fast. If you felt that reducing your speed would be hazardous given the flow of traffic, you may have an outside chance at getting the ticket dropped.
Your lawyer will consider the above defenses and take a close look at the police officer’s report before deciding how to develop a defense. You may not think that hiring a lawyer for a speeding ticket is worth it, but if you stand to be fined and see your automobile insurance rates skyrocket, consulting with a lawyer may be in your best interests. To learn more, or to talk with a lawyer about your options, give Avery and the team at Appelman Law Firm a call today at (952) 224-2277.
