Many drivers who see the flashing lights of a police cruiser behind them feel an immediate sinking sensation in their stomachs. They are well aware that they violated the speed limit, but they expected to do so without consequences.
Drivers may make strategic decisions regarding how fast they drive to limit their risk. It is common practice for people to avoid traveling at 10 miles per hour (mph) or more above the speed limit because of the heightened penalties associated with excessive speed violations. Drivers may hope that officers use their professional discretion to give them a warning instead of a ticket when their speed is only slightly over the limit.
Occasionally, a driver might feel truly shocked about a traffic stop because they did not realize their speed was too high. The motorist may learn after receiving the citation that their speedometer was not in working condition. Could proof of that issue help when defending against a traffic ticket?
Drivers have a duty to maintain their vehicles
Most vehicle systems are critical to safe driving. Motorists have to ensure that their brakes work well and that all of their lights illuminate. They need to maintain their vehicles to ensure that they can react appropriately when traffic conditions suddenly change and the risk of a crash increases.
Speedometers are critical for motorist safety. People have to know how fast they drive to comply with speed limits. State statutes require that motorists keep their vehicles in good working order, which includes ensuring that the speedometer is accurate and functional. Of course, issues can arise with little forewarning. A speedometer that worked perfectly weeks ago during an annual safety inspection could suddenly malfunction.
In cases where there are records of recent maintenance and testing of the vehicle, motorists might be able to assert that they are proactive about maintenance but were unaware of the issue that had recently arisen with the vehicle. If a driver tells a police officer during a traffic stop that they already know that there are issues with the speedometer, then their failure to maintain the vehicle could compound the challenges they might face.
While a malfunctioning speedometer does not necessarily provide a defense to a speeding ticket, there could be other options. Reviewing what happened before a traffic stop with a skilled legal team could help a driver decide the best response to their citation. Many motorists can successfully defend against traffic citations with the right strategy and support.