When Can Speeding Tickets Be Dismissed? Grounds for Contesting a Citation
June 11, 2025
In Tennessee, speeding tickets are a frequent reason for traffic court appearances. While many drivers opt to pay the fine, doing so amounts to a guilty plea, which can result in points being added to their driving record, higher insurance premiums, and more.
The state allows drivers to contest speeding citations under specific circumstances. Working with a law firm that understands criminal defense strategy, such as William L. Pomeroy Law in Brentwood, can make a meaningful difference.
Every traffic stop has its own legal implications, and not every citation is valid. Several factors can influence whether a speeding ticket may be dismissed, including procedural errors and insufficient evidence.
In criminal defense, challenging a citation requires examining the details of how the stop occurred, how the speed was measured, and whether constitutional rights were respected during the process.
Tennessee courts uphold the legal principle that the government must prove any traffic violation beyond a reasonable doubt if a defendant chooses to challenge it.
Errors in the Traffic Stop
One way speeding tickets can be dismissed under Tennessee law involves proving that law enforcement officers made procedural mistakes during the stop. Officers must follow constitutional requirements when pulling over a vehicle.
If an officer lacked reasonable suspicion to initiate the stop, the citation may be invalidated. Reasonable suspicion must be based on observable behavior, not on assumptions or hunches.
In criminal defense cases, attorneys often scrutinize the dashcam footage or bodycam footage from the officer involved.
This can help determine whether the stop was legally justified. If an officer made the stop without any visible traffic violation or if the driver's rights were violated during the stop, a judge may suppress evidence and dismiss the ticket.
Officers must also identify the correct vehicle and driver. In busy traffic conditions, misidentifying the car that was allegedly speeding is a real possibility. If the prosecution can't prove that the driver who received the citation was the one committing the alleged offense, the case can fall apart.
These evidentiary standards are important and are routinely analyzed in criminal defense work.
Faulty or Uncalibrated Speed Detection Devices
Law enforcement agencies in Tennessee rely on various methods to measure a vehicle’s speed. Radar and laser devices are among the most common, but these instruments must be properly maintained and calibrated.
If a device was out of calibration or not approved for use under Tennessee law, the measurement it recorded may not be admissible.
Criminal defense attorneys often request maintenance logs and calibration records for the devices used in a particular case. If the prosecution can't show that the equipment was accurate and functioning correctly at the time of the alleged violation, the court may dismiss the charge.
Officers must also be certified in using these devices, and if the officer lacked proper certification or used the device improperly, that too can form a legal basis for dismissal.
Judges have discretion to determine whether the evidence submitted by the prosecution meets the standard of proof required in criminal defense matters. Without solid evidence of speeding, the state can't obtain a conviction, and the citation must be dropped.
Lack of Proper Documentation
Speeding tickets, like all traffic citations in Tennessee, must be documented properly. Any error in the citation, such as incorrect vehicle information, wrong date, or inaccurate location, can serve as grounds for dismissal.
A criminal defense attorney will review every detail on the citation to identify discrepancies that may benefit the client.
In some cases, tickets are handwritten or hastily entered into electronic systems, and errors aren't uncommon. If an officer writes down the wrong statute number or misidentifies the offense, the defendant may have a legitimate challenge.
Courts often view clerical errors in context, but repeated or substantive mistakes can call into question the reliability of the citation altogether.
Documentation also includes witness statements or officer reports. If these are incomplete or contradict the citation, a court may determine that the evidence is unreliable. In criminal defense, challenging inconsistencies is a strategic tool, and in traffic cases, those inconsistencies can lead to dismissals.
The Officer Fails to Appear in Court
Tennessee law requires the citing officer to appear in court if the defendant pleads not guilty and requests a hearing. If the officer doesn't appear and can't provide a valid reason, the court may dismiss the ticket. While judges can sometimes postpone the case, repeated absences by the officer may result in dismissal on procedural grounds.
Criminal defense attorneys often prepare for such possibilities and advise clients accordingly. The absence of a key witness for the state—the officer—undermines the prosecution’s case. Without testimony to support the charge, the legal standard for a guilty finding is unmet.
The right to confront one’s accuser applies even in speeding cases. Although traffic court proceedings differ from jury trials, the foundational principles of criminal defense still apply. A missing officer is a missing witness, and without that testimony, the court may have no choice but to drop the case.
Contesting Speed Limits and Signage
Occasionally, speeding citations arise in areas where speed limits are poorly posted or inconsistent. In Tennessee, local governments must follow established procedures when setting speed limits and posting appropriate signage.
If the signage was missing, obscured, or didn't comply with regulations, a driver may not be legally responsible for exceeding the posted limit.
Criminal defense strategies sometimes involve showing that a driver had no way of knowing what the speed limit was.
If a sign was hidden behind overgrown foliage, knocked down, or missing entirely, a photo or witness testimony can be presented as evidence. Judges often consider whether a reasonable person could have known the speed limit in that location. Without proper notice, the citation may not hold up in court.
This defense becomes more relevant in construction zones or recently changed speed zones, where signage may not yet be updated. A criminal defense attorney can investigate municipal records to determine whether proper procedures were followed when changing speed limits.
Emergency Situations and Justifiable Conduct
Tennessee law allows for certain legal defenses in speeding cases, particularly when a driver can demonstrate that their actions were necessary under the circumstances. Medical emergencies or threats to personal safety may justify exceeding the speed limit, even if technically unlawful.
Criminal defense lawyers must be able to present credible evidence to support such claims. Documentation of a medical emergency, witness testimony, or surveillance footage can help substantiate the defense.
Judges have discretion to dismiss speeding citations when the driver's actions were reasonably justified and not reckless under the circumstances.
It's not enough to merely state that a situation was urgent; evidence must support the claim. Nonetheless, the law allows for human judgment, and courts often weigh necessity against public safety in these cases. When valid, this defense can lead to full dismissal of the citation.
Procedural Rights in Traffic Court
Every driver in Tennessee has the right to contest a speeding ticket and to be heard in court. Criminal defense applies even in traffic court because a citation is still a legal accusation. The accused has the right to remain silent, the right to counsel, and the right to present evidence.
Judges in Tennessee traffic court evaluate evidence based on a standard that mirrors other areas of criminal defense—proof beyond a reasonable doubt. If the state can't meet that threshold, the judge must find the defendant not guilty. Procedural fairness isn't optional; it's a constitutional requirement.
William L. Pomeroy Law understands that even minor traffic offenses can have long-term implications. Traffic convictions can affect the following things:
Add points to your driving record
License suspensions
Mandatory driving courses
Insurance hikes
Job opportunities
The right to a fair trial in traffic court assures that drivers are treated justly, and understanding these rights is essential to protecting one’s future and legal standing.
Reliable Legal Representation
William L. Pomeroy Law provides legal guidance rooted in Tennessee law, offering drivers the chance to challenge unfair citations and protect their records. They're proud to serve Brentwood, Tennessee, and the surrounding areas of Davidson County, Williamson County, and Rutherford County. Call today.