Speeding Tickets - How to fight a speeding ticket
Speeding is called an Absolute Liability Offence, meaning that once the prosecution has proven the guilty act of speeding, and no applicable defense is raised a conviction must follow.
What this means is that the prosecutor at traffic court does not have to prove that you meant to speed, or that you intended to speed. All they have to prove is that you "were speeding". The driver is always responsible for the speed of the vehicle they are driving.
The mental state or whether you meant to speed or not, or any intention of the defendant/driver is not relevant to the charge of speeding. In other words to obtain a conviction for a speeding ticket the prosecution/police do not have to show that the motorist intended to speed, nor can the motorist raise the defense that he took all due diligence not to speed.
Or that the motorist had "Mens Rea" (Latin for having a guilty mind, meaning the driver meant to speed). Giving a reason why you were speeding is not a defense to the charge, its an explanation.
Although you may have a good reason why you were speeding, reasons for speeding are "explanations" and not a defense to the charge.
With an explanation you are saying you are guilty of the offence but you have a reason for committing it. Giving an explanation will not get the charges dropped under any circumstances.
Speeding - Defense of Necessity The only defense to speeding is the "Defense of Necessity". Necessity means a situation whereupon the driver is in fear for their life or another persons life.
This does not mean that the driver was trying to pass and if they didn't increase their speed that the were of the opinion that accident was imminent. Necessity means that you were in fear for you life, e.g. a group of armed men with guns were trying to kill you and you sped away. Or someone is has suffered a serious life threatening injury and you are rushing them to the hospital to save them where it is impractical for you to wait for an ambulance or the police.
Speeding tickets trials are won on legal technicalities; like was the officer qualified to operate the radar or laser, did the officer check the radar to the manufacture's specifications.
To win your case in traffic court if you don't know the legal technicalities, you miss winning your case on a legal argument. Just going to traffic court and saying why you were speeding will not get the ticket dropped.
The Justice of the Peace may consider your explanation but only as far as the monetary penalty, the fine for speeding. The Justice of the Peace cannot reduce or waive demerit points, nor can he withdraw a case before him without a trial.
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