Getting an undeserved speeding ticket can dampen a day for most people. The situation can seem worse if you go to court and the judge sides with the judge. Although it might seem like the only recourse for you is to pay the ticket at that point, you actually have another option. Before paying the ticket, explore your other legal option.
Can You Appeal the Decision?
Just like other court cases that go through the courts, you have the right to appeal a speeding ticket decision. The amount of time allowed for an appeal varies from state to state, but in most cases, there is a limited window in which to file.
Whether or not you should file is worth considering. Some drivers choose not to appeal because the process can be time-consuming and costs.
Others choose to move forward with the appeal to avoid the consequences associated with having the ticket remain on their driving record. Your insurance premium can possibly increase. Depending on your career, you could run into problems obtaining employment with the speeding ticket on your record.
How Do You Appeal?
All appeals start with a notice to the court that you intend to appeal the decision rendered by the judge or jury. Contact the court's clerk for a Notice of Appeal form to complete and submit.
Depending on the state in which you live, you might have to complete a Designation of Record form, too. The form basically alerts the courts that transcripts and other records from the original trial need to be forwarded to the appeals court. You can also specify that any evidence that was presented by the prosecutor needs to be forwarded.
Your state's courts might require that you pay a fee to fie the appeal. The fee is usually set aside by the court to ensure that your fine is paid in the event you lose the appeal. If you do win the case, the fee might be returned to you.
Once the documentation is filed with the court, you have to create a briefing for the court to review. The judge in your case will read the review and determine if there was an error made in the decision that requires review by the lower court. You will receive a deadline for submitting the brief. If you fail to do so within that time, it is likely that your case will be dismissed.
To improve the odds that you will be successful with your appeal, consider working with a speeding ticket attorney like one from Campbell Law Group PLLC.
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