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Disputing Philadelphia Speeding Ticket Cases
Contents
- 1 Fighting That Philadelphia Speeding Ticket
- 1.1 Was There Reasonable Suspicion for the Traffic Stop?
- 1.2 The Burden of Proof is on the Prosecution
- 1.3 Question Whether the Officer Actually Saw You Speeding
- 1.4 You Can Fight the Accuracy of Radar Guns
- 1.5 The Officer Needs to Show Up
- 1.6 What’s the Worst That Can Happen if You Fight It?
- 1.7 The Process for Fighting Speeding Tickets in Philadelphia
- 1.8 Should You Hire a Traffic Ticket Lawyer?
- 1.9 Tips for Fighting a Philadelphia Speeding Ticket Without a Lawyer
- 1.10 What Happens if Your Ticket Gets Dismissed?
- 1.11 Was This Helpful?
Fighting That Philadelphia Speeding Ticket
So you got pulled over for speeding on Philadelphia streets. Bummer. We all hate getting tickets — they’re expensive, add points to our licenses, and make our insurance rates go up. But before you pay your Philly speeding ticket, it’s worth at least trying to fight it. Successfully disputing a speeding ticket in Philadelphia can save you money, time, and driving record points.
I’ll walk through some of the most common defenses for Philly speeding tickets, as well as the process for contesting them. Ready to try getting out of that ticket? Let’s do this.
Was There Reasonable Suspicion for the Traffic Stop?
First things first — was the traffic stop itself legit? For the cop to pull you over in the first place, they need “reasonable suspicion” that you violated traffic laws. If the officer didn’t have a valid reason to stop you, the ticket can get thrown out.
So if you weren’t speeding before the cop pulled you over, they didn’t have grounds to initiate the traffic stop. For example, maybe you were wrongly accused because of racial profiling. Or maybe the radar gun malfunctioned. In cases like these, the speeding ticket could get dismissed.
The Burden of Proof is on the Prosecution
Because speeding tickets are criminal offenses in PA, the District Attorney’s Office has to prove your guilt “beyond a reasonable doubt.” So even if you don’t have an ironclad defense, you can still sometimes get the ticket dismissed by poking holes in the prosecution’s case.
When you go to traffic court to fight your Philadelphia speeding ticket, the burden of proof falls entirely on the assistant district attorney (ADA). You don’t technically have to prove anything — just show the evidence against you is flimsy.
But don’t go into court assuming they’ll dismiss the ticket automatically. You need to actively point out any weaknesses in the prosecution’s argument if you want the judge to rule in your favor.
Question Whether the Officer Actually Saw You Speeding
For speeding tickets given by traffic cameras, the evidence is pretty clear-cut. But when a cop pulls you over for speeding, it often comes down to their visual estimation.
So a common defense strategy is questioning whether the officer actually witnessed you driving over the speed limit. Unless they used radar or other speed-tracking methods, the ADA has to rely on the officer’s testimony and judgement.
And studies show visual speed estimates made by stationary observers are often inaccurate. If the officer was parked or standing outside when they saw you coming, their perception could be way off.
You Can Fight the Accuracy of Radar Guns
Of course, officers usually use speed radar devices these days, rather than visual estimates. But radar guns aren’t foolproof either. Traffic radar uses radio waves to measure a vehicle’s speed — and lots of things can interfere with the results.
For example, did you know radar guns have a minimum and maximum range? If you were too close or too far away, the speed measurement gets thrown off. Radio signals from nearby cars can also create false readings.
So if a cop says you were speeding according to radar, question whether conditions were ideal for an accurate reading. Where was the officer positioned? What was the traffic like? Did they calibrate and test the device properly?
By casting doubt on the reliability of radar evidence, you might convince the judge to dismiss the ticket.
The Officer Needs to Show Up
It’s also surprisingly common for the ticketing officer not to appear in traffic court. They might get called away to an emergency or simply forget. In that case, the prosecution won’t have a witness to present evidence against you.
Without the officer there to testify about radar readings or their visual observations, the ADA won’t have enough proof “beyond a reasonable doubt.” So the judge would have to throw out the case.
What’s the Worst That Can Happen if You Fight It?
You might be wondering — what if I try to dispute my Philly speeding ticket and lose? Will I get penalized for challenging it?
The short answer is no. If the judge rules against you, they’ll simply make you pay the original fine for the ticket. There are no legal repercussions for pleading “not guilty” to a traffic violation in Philadelphia and taking it to court.
The only risk is that you might waste a morning going to traffic court. But if there’s a decent chance of getting the ticket dismissed — which there often is — it’s usually worth a shot.
The Process for Fighting Speeding Tickets in Philadelphia
If you do want to dispute that Philly speeding ticket, here are the steps:
- Plead “not guilty” on the ticket when it’s issued. (Don’t just pay the fine or plead guilty without going to court if you want to fight it.)
- Request a hearing at one of Philadelphia’s three traffic court locations. You can select a hearing date within 90 days of the ticket being issued.
- Gather evidence and prepare your argument ahead of time. Get photos of where you were pulled over, do research on radar accuracy, etc.
- Show up to traffic court on the scheduled hearing date and plead your case! The officer will also testify, as well as the ADA.
- Hope the judge rules in your favor! But if not, you’ll simply have to pay the original fine.
Should You Hire a Traffic Ticket Lawyer?
You don’t have to hire a lawyer to dispute a speeding ticket — anyone can represent themselves in Philly traffic court. But an experienced traffic attorney will definitely help maximize your chances of success. They’ll know all the technical arguments and defenses.
Plus, prosecutors tend to offer better plea deals to lawyers, since they know it’s more work to argue the case in court. A traffic ticket attorney can often get violations reduced to lower offenses or deferred so they’re dismissed after a period of clean driving.
But lawyer fees can get expensive. Expect to pay a Philly traffic ticket attorney around $350 or more to represent you. It’s worth the money if getting points on your license would really hurt — like if you drive for work — but otherwise, going it alone is probably fine.
Tips for Fighting a Philadelphia Speeding Ticket Without a Lawyer
Don’t want to shell out the cash for a traffic ticket lawyer? Here are some tips:
- Read up on speeding ticket defenses so you know your options
- Request a hearing ASAP before the officer forgets details
- Be polite in court, but contest questionable testimony
- Point out any doubts about the radar reading’s accuracy
- Note if the officer was outside their vehicle when observing you
- Ask when the radar gun was last calibrated and tested
- Question whether conditions affected the reading
- Politely ask the judge to dismiss the ticket if the evidence seems uncertain
What Happens if Your Ticket Gets Dismissed?
If you successfully get your Philadelphia speeding ticket dismissed, congrats! Here’s what that means:
- You won’t have to pay any fine for the ticket
- You’ll pay $10 court costs, but that’s it
- No points will go on your PA driving record
- Your auto insurance rates won’t increase
Sweet deal. Keep in mind that for extremely minor speeding violations, like going just a few MPH over, judges sometimes reduce the ticket instead of dismissing it fully. But even with a reduction, you’d get fewer points and smaller fines. I’d call that a win.
Was This Helpful?
Hopefully this gave you a better idea of how to dispute a speeding ticket in Philadelphia. Traffic court hearings can feel intimidating if you don’t know what to expect. But now you’ve got inside knowledge of the whole process — plus some solid defense strategies.
With the right evidence and arguments, you’ve got a pretty good shot at beating that ticket. And saving hundreds of dollars in fines is nice too. Let me know if you have any other questions down in the comments! I’m happy to help.