As mentioned in a previous article, when you challenge a speeding ticket, the only police witness is the department officer of the day – not the officer who wrote the ticket. The police evidence will consist of the officer reading the speeding ticket. This reading, by the police, will be considered the presentation of a prima facie case to the Magistrate that the speeding offense occurred. After the police read the ticket, you get to question the officer if you wish. Typically this exercise is a waste of time and will not help you. So don’t do it. Instead, testify or tell your version of the incident.
Remember that the evidentiary standard for a civil speeding violation is low. Speeding, as a civil infraction, is a general intent violation, which means you do not knowingly have to exceed the speed limit. The fact that you were speeding at all is enough for the Magistrate to rule against you. So be sure to determine your defense strategy prior to attending the hearing, as it is very difficult to think of a good defense at the hearing.