What you need to know to win:
1. The radar gun must be tested to be admissible against you.
The State of Utah requires that any radar gun used to track speed must be tested BEFORE and AFTER the police officer's work-day. Although most police stations have daily routines that accomplish this, they can make mistakes. You should verify that the gun was tested.
2. There must be PROOF of speed offered.
The prosecutor must prove that your vehicle was traveling at a certain speed. It is not enough to claim that you were traveling within a certain range (unless that range is the small margin of error by a radar gun). The prosecutor must offer the calibration certificate of the radar gun to prove this. A valid certification must be: 1. tested within the 6 months prior to the date of speeding; 2. acknowledged by the writing officer; and 3. an original copy.
3. There must be constructive notice of the speed limit.
The prosecutor must prove constructive notice, not actual notice. Constructive notice does not mean that you didn't see the sign. It means that the sign was obstructed from view in some way, or non-existent. You should take photographs of the sign and the way it appeared to you on the day of the incident.
These are the most common forms of challenging a speeding ticket. They are a great start on your defense against a speeding ticket in Utah.
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- Here is a short video from an attorney giving further general advice:
