Miami Speeding Ticket Defense

In order to exclude evidence gathered by the use of a speed measuring device in Florida courts, there are several defenses that can be used. These defenses include:

1. Calibration and Maintenance: All speed measuring devices must be properly calibrated and maintained within six months of the issue date of the traffic citation and if the proper motion is made in court, the officer must produce written evidence that these tests were done and that the equipment passed. If the device used to measure your speed was not properly calibrated or maintained within the required time period, upon a proper motion to exclude evidence, then the evidence may be excluded and the case dismissed.
2. Training and Certification: Police officers who use speed measuring devices must be properly trained and certified. If the officer who used the device to measure your speed was not properly trained or certified, then the evidence may be excluded. A good cross examination of the officer by a well seasoned attorney can draw out the weaknesses in training of the officer and may lead to a dismissal.
3. Interference: Speed measuring devices can be affected by outside interference, such as other electronic devices or weather conditions. If the device used to measure your speed was affected by interference, then the evidence may be excluded.
4. Officer Error: Police officers must follow specific procedures when using speed measuring devices. If the officer who used the device to measure your speed did not follow the proper procedures, then the evidence may be excluded.
5. Improper Traffic Stop: If the police officer who issued the speeding ticket did not have a valid reason to pull you over, then the evidence gathered by the speed measuring device may be excluded.

It is important to note that each case is unique and the defenses used will depend on the specific circumstances surrounding the traffic stop and issuance of the speeding ticket. Therefore, it is important to retain an experienced traffic ticket lawyer who can assess your case and develop a defense strategy tailored to your specific situation.