How to Get a Judge to Dismiss a Speeding Ticket in Winston-Salem, NC

If you’ve been caught speeding in Winston-Salem, NC, you may be facing hefty fines, points on your license, and increased insurance premiums.

However, you don’t have to accept these consequences without a fight. With the right strategy and legal representation, you may be able to get your speeding ticket dismissed. Here’s a step-by-step guide on how to contest a speeding ticket in Winston-Salem and protect your driving record.

Step 1: Carefully Review Your Speeding Ticket

The first step in fighting your speeding ticket is to carefully review the citation for accuracy. Check that your personal information, the alleged speed, and the location of the offense are all correct. Note the specific violation you’re being charged with and your court date.

If you find any errors or discrepancies on the ticket, document them. These mistakes could potentially be used to challenge the ticket’s validity in court.

Step 2: Assess Your Case and Decide to Fight the Ticket

Before deciding to contest your speeding ticket, consider the strength of your case and the potential benefits of fighting the charge. If you have a clean driving record and believe you have strong grounds to challenge the ticket, it may be worth the time and effort to fight it.

However, if you were significantly over the speed limit or have a history of prior violations, getting the ticket dismissed may be more difficult. Weigh the potential costs and consequences against the likelihood of success.

Step 3: Hire an Experienced Traffic Attorney

Navigating the legal system and arguing your case in court can be challenging without professional help. That’s why hiring a skilled traffic attorney is crucial when fighting a speeding ticket.

At McMinn, Logan & Gray, PLLC, our attorneys have extensive experience handling speeding cases in Winston-Salem and the surrounding areas. We know the most effective strategies for getting tickets dismissed, and we’ll use our experience to build a strong defense on your behalf.

Step 4: Gather Evidence and Build Your Defense Strategy

To give yourself the best chance of getting your speeding ticket dismissed, you’ll need compelling evidence and persuasive legal arguments. This is where your attorney’s skill and knowledge come into play.

Some effective defense strategies that may help get your speeding ticket dismissed include:

Challenging the Accuracy of the Speed Measurement Device

One common defense strategy is to question the accuracy of the radar or lidar device used to measure your speed. Your attorney may request maintenance and calibration records for the device to determine if it was functioning properly at the time of your alleged offense.

If the records show that the device was not calibrated or maintained according to the manufacturer’s specifications, this could cast doubt on the reliability of the speed reading and potentially lead to a dismissal of your ticket.

Questioning the Officer’s Visual Estimate

If the officer relied on a visual estimate of your speed rather than a radar or lidar reading, your attorney may challenge the accuracy of that estimate. Factors such as distance, weather conditions, and the officer’s experience and training can all affect the reliability of a visual speed estimate.

Your attorney may cross-examine the officer to reveal inconsistencies or weaknesses in their testimony and argue that the visual estimate is not sufficient evidence to support a speeding conviction.

Raising Issues with the Officer’s Procedure

Another strategy is to examine the officer’s conduct during the traffic stop and identify any procedural errors or violations of your rights. For example, if the officer did not have probable cause to initially stop your vehicle or failed to properly inform you of your rights, this could be grounds for dismissal.

Your attorney will review the officer’s report, dashcam footage (if available), and other evidence to determine if there were any irregularities in the stop or the officer’s actions that could support a motion to suppress evidence or dismiss the case.

Negotiating for a Reduction or Alternative Resolution

In some cases, your attorney may be able to negotiate with the prosecutor for a reduction of your speeding charge to a lesser offense, such as a non-moving violation or equipment violation. While you may still need to pay a fine, a reduced charge will not add points to your license or affect your insurance rates.

Another option may be to seek a Prayer for Judgment Continued (PJC) or a deferred disposition. With a PJC, you plead guilty to the speeding offense, but the judge delays entering the conviction and continues judgment to a later date. If you avoid any new traffic violations during the deferral period, the court will typically dismiss the charge.

Similarly, with a deferred disposition, you may be required to complete certain conditions, such as attending traffic school or performing community service, in exchange for a dismissal of the speeding ticket upon successful completion.

Completing a Defensive Driving Course

In certain cases, completing a state-approved defensive driving course, also known as traffic school, may allow you to have your speeding ticket dismissed or reduce the number of points assessed against your license.

Your attorney can advise you on whether this option is available based on the specific court and the nature of your offense. If eligible, your attorney can assist you with enrolling in an approved course and ensuring that proof of completion is submitted to the court.

By thoroughly exploring all possible defenses and strategically presenting the strongest arguments on your behalf, your attorney can work towards getting your speeding ticket dismissed and protecting your driving record.

Step 5: Present Your Case in Court

On your scheduled court date, you or your attorney will appear before the judge and argue your case. If you’ve hired McMinn, Logan & Gray, PLLC, we’ll be right there with you, presenting your defense and advocating for a dismissal of your speeding ticket.

We’ll challenge the prosecution’s evidence, cross-examine the officer, and raise all applicable legal defenses. Our goal is to highlight the weaknesses in the state’s case and persuade the judge to dismiss your ticket.

With a strong defense strategy and skilled legal representation, you may be able to get your speeding ticket dismissed outright, keeping your driving record clean and avoiding the negative consequences of a conviction.

If you’re facing a speeding ticket in Winston-Salem, don’t simply pay the fine and accept the penalties. Contact the experienced traffic attorneys at McMinn, Logan & Gray, PLLC today for a consultation. We’ll review your case, explain your options, and develop a customized strategy to fight for a dismissal of your ticket. Let us put our knowledge and advocacy skills to work for you.