Speed-related charges are prevalent in Wellington due to the number of cars on the roads and the large interstate highways. Many drivers are in a hurry and that leads to speeding tickets. Also, when someone is pulled over for speeding, they may be issued additional tickets, which may include not having insurance, driving without a license, or having a warrant out for their arrest.
If you have received a speeding ticket, you may want to obtain a seasoned traffic attorney from Leifert & Leifert. A dedicated Wellington speeding ticket lawyer could advocate for you and help you understand your legal options.
How Much Over the Speed Limit Could One Go Before Being Pulled Over?
When a driver is going only five miles per hour over the speed limit, they are not likely to be pulled over for speeding. Usually, six miles an hour over the speed limit is the threshold for speed. Sometimes, people are giving a ticket for five miles over the legal limit and given a break for going 14 or 15 miles an hour over the legal limit. If someone is driving five miles per hour over the speed limit, an officer may be more likely to pull them over if they are not using turn signals, weaving in and of lanes, and not driving appropriately. Contact a speeding ticket lawyer in Wellington for more information.
Speeding in a School Zone
The zone of the neighborhood dictates the appropriate speed. In a school zone, when school is in recess or before and after school, the speed limit is 15 miles per hour and is strictly enforced. There are usually signs with flashing lights to indicate the speed limit and warn drivers to reduce their speed. Police are often present when students are crossing the street, parents are dropping their children off, and school buses are driving in and out of the school grounds.
There is stricter enforcement in a school zone than in a commercial area. Also, a park where children gather and play may have more law enforcement than a highway. The zone determines the speed, and the speed is meant to reflect on the danger to people in that zone. A driver should respect the speed in a particular zone to minimize the risks to others, be able to drive safely and prudently, and not affect anyone else’s person or property. Getting a ticket in a school zone can lead to significant fines.
Tools and Tactics Law Enforcement Officers Use to Detect Speeding
Florida has several approved speed-measuring devices. An officer could use a radar or LiDar device to detect speeding. Law Enforcement also uses stopwatches to measure the distance a car travels through a measured area. Two lines are painted across the road, and an officer uses a stopwatch to determine how fast it takes a vehicle to get from the first line to the second line. Based on that timing, they can determine the vehicle’s speed. That is sometimes monitored from the side of the road and is also monitored from an airplane circling above the highway.
Officers are trained to give visually estimated speeds. While Law Enforcement may not be able to prove the accuracy of one mile per hour or two miles per hour like a speed-measuring device, they can come to court and testify that a driver was going more than the speed limit and state the speed of the vehicle.
Radar is a scientifically approved speed-measuring device approved by the state. The weight of a radar reading evidence in court is significant. The outcome also depends on other evidence. If the only evidence of someone’s speeding is a radar reading and the driver has nothing, the radar evidence usually prevails in court. However, some defenses could be raised to refute radar gun readings successfully in court.
The officer must be trained, certified, and licensed by the State of Florida to use the device. The device must be properly calibrated and maintained to be used accurately and lawfully in the state. Specific logs and procedures must be kept for the officer to use the radar device. The officer must bring all the documentation to Court. If they fail to bring the documentation or if something happened to the instrument and they cannot prove the instrument was accurate and reliable on the day in question, they cannot use the radar evidence against the driver.
A Wellington Attorney Could Help Challenge a Speeding Ticket
A speeding ticket is hard to beat in court. When it is the driver’s word versus the officer’s word, the officer’s word is given more weight. Some hearing officers are more open than others and apply the reasonable doubt standard.
If they do not think a driver is lying and the driver has a witness in the car who can testify they do not believe the driver was speeding, it becomes the testimony of the driver and the passenger against the officer’s testimony. However, it is hard to make an argument when a police officer uses speed-measuring devices that are calibrated and approved.
Some commercial vehicles and private vehicle operators have the right to install a dashboard camera in their vehicles. These help determine fault in a traffic accident. They also help with speeding. The camera is installed below the vehicle’s rearview mirror and monitors all types of issues. It can be used in court to refute the officer’s claims.
For help with challenging a ticket, contact a skilled Wellington speeding ticket lawyer today. Let a dedicated attorney from Leifert & Leifert fight for you.