Myth: Explanations to the prosecutor will help you get out of a speeding ticket

By Jonathan van Ekelenburg

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Often these days, a driver will be scheduled what is called an Early Resolution Meeting with the prosecutor before the trial, and even those who don't have these meetings will often have the opportunity to speak with the prosecutor before the trial begins. Many drivers will take this opportunity to make excuses to the prosecutor about why they got the ticket in the hopes that they can get out of a speeding ticket.

Most of the time this will not work to get out of a speeding ticket.

It's important to note that some traffic tickets are what are called absolute liability offences. These are offences where you either did or did not commit the offence, with no grey area in between. Speeding is a good example of an absolute liability offence. You either were or were not speeding, and having an excuse as to why you were speeding won't help. The only kind of excuse you can use to get out of a speeding ticket is if it was a life-or-death situation, and it will be very hard to prove such a thing.

For absolute liability offences, making excuses to the prosecutor won't work. Even if the prosecutor is sympathetic, they won't drop the ticket because the law states they cannot. It won't help you get out of a speeding ticket.

In other situations, it will be at the discretion of the prosecutor as to whether or not to dismiss your speeding ticket, and they usually won't. Excuses and stories won't usually get you anything unless the circumstances are very clear and very compelling. Sometimes these may help in getting the prosecutor to agree to a lesser charge instead of what the officer charged you with, but those are, again, at the discretion of the prosecutor, and they won't result in you getting out of a speeding ticket.

It is always better to elect to fight the ticket and request the evidence being gathered against you, the disclosure, so you can see what kind of case is being built against you, rather than try to make excuses to the prosecutor and hope to get out of a speeding ticket.

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