Getting a speeding ticket in Hawaii can be stressful, especially for new drivers or parents handling the costs. While paying the fine is an option, it can mean admitting guilt.
You can choose to challenge the citation, especially if you believe you were following traffic laws. Here are three strong defense arguments to consider.
Did the radar get it wrong?
Police use radar guns to measure speed, but these are not flawless and can produce inconsistent results. You can use this angle to defend yourself, challenging the equipment’s accuracy.
The prosecution must prove that the officer received proper training on using the device. They must also demonstrate that the device’s accuracy was tested according to recommended procedures. If the maintenance logs are missing, this factor could be a viable defense that may lead the court to find the speed reading inadmissible.
Was it your car?
Unfortunately, the police can mistakenly identify you as the speeding vehicle on the road, especially in heavy traffic situations with poor visibility. Your defense can focus on the officer’s visual tracking. You can challenge your ticket if they maintained a continuous and unobstructed line of sight to measure your car’s speed accurately.
Was the posted speed limit clear?
An officer can give you a speeding ticket for exceeding a posted limit. However, the state law requires speed limits to be clearly and properly present. If you can prove that the sign was missing, obscured or illegible, you may have a strong defense.
Building an honest defense
Accumulating traffic violations can negatively affect your driving record and insurance rate. You have the right to contest your traffic ticket, but it is important to recognize the complex legal process. Consulting legal counsel can provide you with guidance on navigating technical arguments you can use as a defense.