Road Law – February 2021
In this issue of Road Law, we’ll explain how you might, in some situations, save yourself from being convicted of a speeding ticket or any moving violation ticket you received from a crash situation. Consider the information below to be a little inside information that might come in handy for you next time you’re issued a speeding or moving violation ticket. As always, we hope this information helps you in the real world.
Q.) I got a Georgia ticket for failure to yield from an accident I was involved in near Atlanta. The accident wasn’t my fault, and I don’t know why I got the ticket. I don’t want the ticket on my driver’s record, so what do I do?
A.) First, before the due date listed on your ticket, follow the instructions on your ticket and enter your plea of not guilty with the subject court. When you do this, the court will assign a new trial date and mail a notice of it to your address listed on the ticket. While you’re waiting to receive your new date, print out a copy of your current three-year driver record so you may provide proof to the prosecutor or judge that you’re not a habitual offender of traffic law.
Second, contact your liability insurance adjustor and explain that you’ll be going to court soon on a traffic ticket you received from an alleged accident and ask if there’s been any settlement of the property damages for the other party.
Now we know what you’re thinking – “Why would I want my liability insurance provider to pay for the other party’s property damages when the accident wasn’t my fault?”
Well, the reason is in most cases you’ll want your liability insurance carrier to settle the other party’s property damages so you’ll have proof of the same, in writing, to provide the prosecutor or judge. Remember, prosecutors and judges will usually require that you provide proof that the other party’s property damages were settled before they’ll be willing to help you with a ticket from an accident case.
Third, when you appear in court on your trial date, bring a copy of your current driving record and proof from your liability insurance provider that the other party’s property damages were settled. When you’re in court and provide this information to the prosecutor or judge, ask them to dismiss your case and remind them that because there was an accident or accident report. In your case, the actual word “accident” was allocated to your permanent driver record. Having the actual word “accident” allocated to your permanent driver record is, in and of itself, a big penalty for you, a Class A driver. Because you’ve already been penalized with the word “accident,” there’s no reason to penalize even more with a conviction of your ticket.
Q.) I got a speeding ticket in Missouri for 65 in a 55 mph zone and I think my speedometer was off.
If I let the prosecutor or judge know that I may have had a defective speedometer, would they dismiss the ticket?
A.) You’re on the right track but, you’ll need to provide a little more information and proof that your speedometer was actually defective. To provide this proof, you may want to provide the court with a copy of a part purchase or shop repair – a receipt for some speedometer part, repair or re-calibration. Providing this type of proof to the court will give them a factual basis to help you – i.e., amend your original speeding ticket to a nonmoving, zero-driver point charge, such as, “defective equipment.” LL
Send any questions or comments regarding transportation law to: Jeff McConnell and James Mennella, Road Law, 3441 W. Memorial, Suite 4, Oklahoma City, OK 73134; call 405-242-2030, fax 888-588-8983, or contact them via RoadLaw.net.
This column is the opinion of the writer and does not necessarily reflect the opinions of Land Line Magazine or its publisher. Please remember everyone’s legal situation is different. Consult with an attorney for specific advice on your situation.
Check out previous editions of Road Law here.