Speeding - Best lawyers

Excessive speed driving is one of the most common and dangerous traffic violations on the country's roads. It is a central factor in many traffic accidents and often leads to serious bodily injuries and even loss of life.

For this reason, law enforcement and judicial authorities treat speed violations with great severity, and the punishment for them can be significant, ranging from monetary fines and penalty points, through driver's license suspension and in serious cases even imprisonment. If you have received a ticket for excessive speed driving, or if you are facing legal proceedings for this violation, it is important that you know the provisions of the law, the different degrees of severity, enforcement measures, and most importantly – how an experienced excessive speed driving attorney can help you deal with the situation in the best possible way.

What is an excessive speed driving violation?

An excessive speed driving violation is defined as driving at a speed that exceeds the maximum permitted speed established by law for that road section. Permitted speeds are determined by traffic ordinances and traffic regulations, and they vary according to the type of road (urban road, inter-urban road, highway), type of vehicle, and specific road conditions (for example, construction zone, proximity to school).

The rationale behind establishing speed limits and their enforcement is clear: the higher the driving speed, the smaller the driver's chance to react in time to unexpected situations on the road, braking distance increases significantly, and the force of impact in case of an accident grows exponentially. Speed enforcement is therefore intended to protect all road users – drivers, pedestrians, and cyclists – and to reduce the number of casualties and fatalities in traffic accidents.

However, it is important to remember that enforcement and judicial systems are also not immune to errors, and there are cases where speed tickets are issued unlawfully, or where the proposed punishment is not proportional to the circumstances of the case. In such situations, professional legal assistance can be the difference between conviction and severe punishment and acquittal or significant mitigation of punishment.

Severity levels in speed violations and punishment for them: from light fine to suspension and imprisonment

Punishment for excessive speed driving is not uniform, and it is determined according to the degree of deviation from the permitted speed, type of road, and the driver's traffic history. Speed violations can be divided into several main severity levels:

Minor deviation from permitted speed:

In cases of relatively minor speed deviation (for example, up to 20 km/h above permitted on urban road, or up to 25 km/h above permitted on inter-urban road), the punishment is usually a monetary fine without penalty points (ticket type "alternative trial"). In this case, you have two main options: pay the fine, thereby effectively admitting to committing the violation, or submit a request for trial within 90 days of receiving the ticket.

Moderate deviation from permitted speed:

When the speed deviation is higher (for example, 21-30 km/h above permitted on urban road, or 26-40 km/h above permitted on inter-urban road), the punishment includes a monetary fine as well as registration of penalty points at the licensing office. Here too, it is usually a ticket type "alternative trial", with the option to pay or request trial. Accumulation of penalty points can lead to additional sanctions, such as defensive driving courses, repeat licensing tests, and even license suspension for various periods.

Significant deviation from permitted speed:

In higher speed deviations (for example, 31-40 km/h above permitted on urban road, or 41-50 km/h above permitted on inter-urban road), the driver will receive a summons to trial in traffic court, and points will also be registered against them.

In such cases, the court has authority to impose higher fines, and in addition, there is a real danger of driver's license suspension for a certain period (actual suspension or conditional suspension). A police officer of inspector rank and above is also authorized, in cases of particularly high speed deviations, to impose administrative suspension of the driver's license for a period of 30 days, even before the legal proceedings.

Very serious deviation from permitted speed:

When dealing with extreme speed deviations (for example, over 40 km/h on urban road or over 50 km/h on inter-urban road), the punishment is expected to be particularly severe. The driver will be summoned to trial, 10 points will be accumulated against them, and the court may impose prolonged license suspension, heavy fines, and in some cases even conditional imprisonment or actual imprisonment, especially if it involves a driver with an aggravating traffic history or if the violation was accompanied by additional aggravating circumstances (such as driving under the influence of alcohol or drugs, or causing real danger to other road users).

The point system and its implications:

It is important to understand the meaning of the point system. Accumulation of penalty points can lead, as mentioned, to cumulative sanctions. For example, accumulation of 12-22 points will require the driver to take a basic correct driving course. Accumulation of 24-34 points will require an advanced course. Accumulation of 36 points and above will lead to driver's license suspension for a period of three months, and license renewal will be conditional on passing a theoretical exam.

Repeated accumulation of 36 points or more within six years (or 72 points regardless of time) can lead to suspension for nine months, and license renewal will be conditional on passing a theoretical exam, practical exam, and medical examinations at the Medical Institute for Road Safety.

Understanding the severity levels and the point system is critical. Even a violation that seems "minor" to you can, in combination with previous or future violations, lead to serious consequences for your driver's license and your mobility capability.

Speed enforcement measures and possible failures

Traffic police use various technological enforcement measures to measure vehicle speeds. It is important to know the main measures and the potential failures involved in their operation, as these can form the basis for legal defense arguments:

Electronic speed cameras (Gatso cameras / "A-3")

These are fixed or mobile cameras installed on roadsides. They operate using two loops embedded in the road, which measure the vehicle's transit time between them and calculate its speed. The camera photographs the vehicle exceeding the permitted speed, and the ticket is sent to the registered vehicle owner.

Possible failures: improper camera calibration (mandatory to perform periodic calibration by certified laboratory), technical malfunctions in the system, uncertainty regarding identification of the specific vehicle that committed the violation (especially in heavy traffic or when multiple vehicles appear in the photo), extreme environmental conditions affecting system operation.

Laser speed meter

This is a handheld device operated by a police officer, sending a laser beam toward the measured vehicle. The device measures the distance to the vehicle and the change in distance over time, and calculates its speed.

Possible failures: incorrect operation by the officer (requires specific training and valid operator certificate), failure to maintain "continuous tracking" of the measured vehicle, directing the beam at an inappropriate part of the vehicle, "beam slip effect" when the beam slides across the vehicle surface, effects of weather conditions (rain, fog), electromagnetic interference, untimely device calibration. There is also "cosine error" which usually works in the driver's favor (shows speed lower than actual), but need to check that no incorrect "correction" was made.

"Average speed" system (such as "correct path" or "drive and photograph" system)

This system is based on a pair of cameras installed at a known distance from each other. The first camera records the vehicle's entry time to the measured section, and the second camera records the exit time. The system calculates the vehicle's average speed along the section.

Possible failures: errors in measuring the exact distance between cameras, malfunctions in camera clock synchronization, problems with vehicle identification between two measurement points.

The "Bee" device (Bee III)

A device installed in a police vehicle (visible or covert) that allows measuring speed of vehicles moving in the same direction as the police vehicle or in the opposite direction, as well as measuring speed when the police vehicle is stationary.

Possible failures: strict operation requirements (for example, maintaining constant distance from measured vehicle when police vehicle is moving, calibrating the police vehicle's own speedometer), interference from other vehicles in the environment, effects of road topography.

Enforcement using drones:

A relatively new enforcement method, where a drone films traffic violations, including speed violations (usually by calculating transit time between two points based on video footage).

Possible failures: measurement accuracy, lighting and visibility conditions, system calibration, maintaining visual contact with the measured vehicle.

For each of these enforcement measures, there are strict operation guidelines and calibration requirements. An excessive speed driving attorney knows how to examine the evidence materials, locate possible failures in device operation or its accuracy, and argue accordingly before the court.

The crucial role of an attorney in defending your license and your rights

Receiving a speed ticket, and especially a summons to trial, can be a stressful and disturbing experience. The possible consequences, as mentioned, are significant. Contacting an experienced excessive speed driving attorney can fundamentally change the picture. The attorney is not a "magician", but they have the knowledge, tools, and experience to deal with the system and defend your rights.

Thorough examination of evidence materials:

The first and most important stage is obtaining all investigation materials from the police prosecution. The attorney will carefully examine every detail:

• Police officer's action report: Is the report filled out as required? Are there contradictions or inaccuracies? Did the officer act according to guidelines?
• Measuring device calibration certificates: Was the device used for measurement calibrated as required and valid at the time of the violation? Was the calibration performed by a certified laboratory?
• Officer's operator certificate (for laser devices and Bee): Was the officer who operated the device authorized to do so and was their authorization valid?
• Photos or videos (from electronic cameras or drones): Can your vehicle be identified with certainty? Are there additional vehicles in the photo that could interfere with the measurement? Were lighting and visibility conditions normal?
• Measuring device operation instructions: Was the device operated according to manufacturer instructions and police guidelines?

Identifying failures and defects in prosecution evidence:

Based on examination of evidence materials, the attorney will identify any failure, defect, or doubt arising from the evidence. These failures can be technical (for example, uncalibrated device), procedural (for example, officer who did not follow procedures), or factual (for example, doubt in vehicle identification).

Conducting negotiations with police prosecution:

In many cases, even before reaching court discussion, excessive speed driving attorneys conduct negotiations with the prosecution. The purpose of negotiations is to reach a lenient plea agreement, such as:

• Converting the charge section: changing the charge section to a lighter violation carrying reduced punishment (for example, converting a speed violation including points and possible suspension to a violation of "driving at speed not matching road conditions", which does not include points or carries lighter punishment).
• Reducing punishment: agreement on reduced fine, avoiding license suspension, or reducing number of points.
• Canceling the indictment: in cases where failures in prosecution evidence are significant, it is sometimes possible to convince the prosecution to withdraw the indictment.
• Conditional arrangement: in some cases, it is possible to reach a conditional arrangement, where the driver admits certain facts and commits to meeting certain conditions (such as commitment not to commit similar violations in the future), and in return the criminal proceedings against them are closed without conviction or with minimal punishment.

Representation in traffic court:

If a plea agreement was not reached outside court, or if it was decided to conduct the case to its end, the attorney will represent you in court. In this framework, they will:

• Argue preliminary claims (if any).
• Conduct the evidence stage, including cross-examination of prosecution witnesses (usually the officers who performed the enforcement).
• Present evidence on your behalf (if any).
• Summarize defense arguments.
• Argue for punishment (in case of conviction), aiming to achieve the lightest possible punishment.

Handling license suspensions (administrative and judicial):

The attorney will help you deal with license suspensions, whether it is administrative suspension imposed by a police officer (can submit request for its cancellation or shortening to court), or suspension imposed by the court.

Consultation and guidance regarding the point system:

The attorney will be able to explain the implications of points registered against you, advise you how to avoid accumulating additional points, and if necessary, help you deal with procedures involved in point accumulation (such as contacting the licensing office, preparing for courses and exams). Seeking legal consultation as early as possible is critical. Do not wait until the last moment. The earlier you contact an attorney, the greater their chances of helping you effectively.

LawReviews: Find an excessive speed driving attorney who will fight for your license

Dealing with a speed ticket or summons to trial can be complex, and the implications for your driver's license can be significant. At LawReviews, you can find experienced and recommended traffic attorneys and read opinions from previous clients who used their services. The information on the site will help you choose the most suitable professional for you, who knows how to examine your case in depth, identify weaknesses in prosecution evidence, and act decisively to achieve the best result for you.