Can I Get a Speeding Ticket Dismissed in Colorado?

by | Mar 27, 2023 | Traffic Defense

A Speeding Ticket Is An Allegation, Not a Verdict

Of all the possible outcomes after receiving a ticket for speeding, having that speeding ticket dismissed is the most desirable. A dismissal means you won’t have to deal with the many negative consequences of a speeding infraction on your driving record.

But convincing a judge to dismiss your speeding ticket is not easy. You should never assume that you can magically make your ticket disappear, especially without the help of an experienced traffic attorney.

If You Pay The Fine, You Give Up Any Chance of Dismissal

When police issue you a traffic ticket, you have a choice. You can take what many people believe is the “easy way out” – paying the fine and putting the matter behind you. But when you pay up, you also plead guilty to the offense, just as if you were standing in Colorado Springs Municipal Court before a judge.

Far from being just a minor expense and inconvenience, pleading guilty to a speeding ticket can cause you significant problems – not only hefty fines but also a big jump in your car insurance premiums, loss of your driving privileges, and, in some cases, jail time.

Paying the fine also deprives you of any opportunity to have your speeding ticket dismissed. In order to have any chance of dismissal, you need to plead “not guilty” to the charge outlined in the ticket. You can do this either in person or by mail. You will then receive a notification of the date for a hearing on your ticket.

At this hearing, your Colorado Springs traffic lawyer can attempt to get your speeding ticket dismissed. Dismissal essentially means that the judge is “throwing out” the charges against you. Your driving record will not contain a speeding violation based on the ticket, and you will not accrue points against your record. For all intents and purposes, the charges never happened.

Ways To Get a Speeding Ticket Dismissed

As with any other charge raised against you, just because a Colorado Springs police officer accuses you of speeding does not mean you really were speeding. Just because the reading on a radar gun or other device calculates you as being over the speed limit does not mean you were.

A judge may dismiss a speeding ticket at the hearing for several reasons. These reasons relate to shortcomings in the evidence Colorado Springs police and prosecutors have to support their speeding claim.

Related: How Do Police Catch Speeders in Colorado?

Failure of The Officer To Appear

Whether they based the ticket on a speed-detection device like a radar gun, “pacing” (keeping a constant distance between you and their vehicle using their speedometer to estimate your speed), or other methods, the Colorado Springs police officer who issued the ticket is the indispensable witness in the case against you.

Without that officer present to testify about his observations and conclusions as to how fast you were allegedly driving, the prosecutors have no case to present. In such cases, the judge will have little choice but to dismiss your case.

Challenging The Reliability of Devices or Techniques

james can you get a speeding ticket dismissed in coloradoA skilled traffic attorney may get your speeding ticket dismissed by challenging the officer’s technique when pacing or using a speed-detection device. Radar guns and other speed detectors are complicated technology that must be maintained and calibrated to produce accurate results. Your traffic lawyer can investigate whether police have appropriately handled the device the officer relied on when ticketing you.

Suppose the officer based his conclusions on your speed on an unreliable device, such as one lacking recent calibration. In that case, those conclusions become unreliable and can justify the judge’s decision to have your speeding ticket dismissed.

Your Might Like: Do I Really Need to Hire a Traffic Attorney?

Problems With The Ticket Itself

Another reason that a judge may dismiss a speeding ticket is if there is a problem with the actual ticket. For instance, a ticket containing inaccurate information or missing required information could be a sufficient reason for a judge to dismiss the ticket.

Ignoring the Ticket Will Not Make It Go Away

After the frustration and annoyance of getting a traffic ticket, you may just want to put it out of your mind. Maybe you angrily shoved it in the glove compartment or your junk drawer at home, out of the way and quickly forgotten. Doing so won’t make things better and won’t make your ticket disappear.

Failure to respond to or pay a ticket may lead to additional fines, the suspension of your driving privileges, and potentially even a warrant for your arrest.

Take Advantage of the Opportunity to Get Your Speeding Ticket Dismissed

There are many good reasons why a Colorado Springs judge would dismiss a speeding ticket, and even more reasons why you should take advantage of the opportunity to fight the offense.

At James Newby Law, our Colorado Springs traffic lawyers know the local court system and how to make that speeding ticket go away. Don’t make the mistake of paying the fine and accepting the points against your license without talking to us first.

Contact us today to arrange your free, confidential initial consultation.

James Newby

James Newby

James Newby is a criminal defense attorney in Colorado Springs and the managing attorney of the criminal justice law firm James Newby Law. James got into law because of a deep-rooted passion for helping good people that may have made a poor choice that could have lasting consequences.