Speeding Ticket Defense FAQ
When you’re given a speeding ticket in Miami, Fort Lauderdale or other South Florida community, you might have questions about your rights, the law enforcement officer’s responsibilities and what a traffic ticket lawyer can do for you.
Question: When a police officer pulls me over for speeding, doesn’t he have to show me the radar gun?
Answer: No. A law enforcement officer does not have to show you your speed on the radar gun or offer any type of evidence before writing you a speeding ticket. However, the officer will have to present evidence in Court to justify citing you for speeding.
If he or she cannot prove beyond a reasonable doubt that you were traveling over the speed limit, a good traffic ticket defense lawyer will move for having the traffic ticket dismissed, and that is what is likely to happen.
Question: What should I do when being stopped by police?
Answer: Pull a safe distance off the road, and turn off your car. Roll down the window enough to be able to communicate with the police officer and hand out your information, but don’t open the door or get out of the vehicle. It’s important for your safety that you don’t take any action a police officer might deem to be aggressive. Keep your hands on the steering wheel.
If your license, registration and proof of insurance aren’t within easy reach, wait until the officer asks to see them. Let him or her know where they are and that you are going to reach for them.
Question: Do I have to speak to the officer during a traffic stop?
Answer: You are not obligated to speak to the officer or answer questions such as “where are you going in such a hurry,” or “do you know why I pulled you over?” The Supreme Court has ruled that citizens can remain silent but that they should inform the police officer of their intent by briefly stating, “I have the right to remain silent, and that is what I am going to do.”
Remaining silent does not mean that you are admitting guilt or that you are trying to conceal other criminal activity, and the Court cannot construe your silence in this manner.
While you do have the right to remain silent, your traffic defense attorney might recommend that you:
- Speak politely and respectfully, calling the officer “sir” or “ma’am,” and not using profanity
- Stay calm
- Remain emotionally under control
- Do not touch the officer
- Do not attempt to flee in your vehicle or on foot
Question: Can the officer ask me if I have drugs, alcohol, a gun, etc. in the vehicle or if there is a warrant for my arrest anywhere? Do I have to answer?
Answer: The police officer has the same Freedom of Speech rights as you, so can ask those questions. However, you have the right to remain silent, and you should notify the officer of your intent to do so. Choosing not to answer is NOT probable cause for the officer to search you or your vehicle.
Question: Why should I call a traffic defense attorney?
Answer: Because I know the law, and I have a track record as a successful traffic ticket defense attorney in Fort Lauderdale, Coral Springs, Miami and the surrounding communities. I have the experience to mount a successful defense by refuting the police officer’s case against you.
Call my office today for a free consultation.
Russell D. Bernstein, Esq.
Attorney at Law representing clients in Coral Springs, Hallandale, North Miami, Miami, Weston, Boca Raton, Jacksonville, Fort Lauderdale and neighboring communities.