Contesting Traffic Tickets

Many people don’t bother fighting a traffic ticket because it may not seem worth the time and effort. However, a traffic ticket can cost you more money in increased insurance premiums. Winning your case may be easier than you think. Here is some helpful information on fighting a traffic ticket and what might happen if you don’t.

Traffic laws can vary by state, county, and city. A local traffic violation lawyer can explain your legal options for minimizing the negative consequences of a traffic ticket.

Understanding Traffic Tickets

When you get a traffic ticket from a police officer or a camera ticket in the mail, you can pay the fine. Paying the fine for the alleged violation is an admission of guilt, and you may lose your chance to fight it in court.

If you want to challenge the traffic ticket, review it carefully. Your ticket will likely have a court date printed on it. This trial date is when you show up to traffic court if you want to fight the violation instead of simply paying it. For most minor moving violations, motorists do not have the option for a jury trial. A judge or other fact-finder hears the case.

To fight a traffic ticket, you should know the state or local law you violated, such as a posted speed limit or running a red light or stop sign. To prove you were guilty of breaking the law, your offense must meet all elements of the violation. If you can show that your actions do not meet the elements of the vehicle code section, then you have a good chance to have your ticket thrown out.

Reasons To Contest a Traffic Ticket

If you have a strong defense, that could be a good reason to contest a traffic ticket. A lawyer will know the ins and outs of the local courts and be familiar with the judges and law enforcement officers. They have the knowledge to determine whether you have a strong legal defense to the ticket. An attorney can also negotiate with prosecutors on your behalf and attempt to get you a reduced fine.

A traffic ticket can cost you anywhere from $50 to $3,000, depending on the violation and where you live. If you have aggravated factors, such as speeding in a school zone, there may be additional penalties, including a driver’s license suspension. Losing your license can make getting to work, providing child care, or going to school difficult.

Because of a checkered driving record, traffic infractions can also lead to increased insurance rates for years. A traffic ticket can affect your job if you are a commercial truck driver. When your license and livelihood are on the line, hiring a local traffic lawyer before going to traffic court makes sense.

Strategies for Contesting Traffic Tickets

Several strategies can be used when fighting traffic tickets. One of the most effective strategies involves asserting a defense to the traffic ticket. Here are some common traffic court defenses that you may be able to present in court.

The Officer Doesn’t Show Up

The easiest way to win your case may be if the police officer does not show up to give their version of events. If the officer doesn’t show up to answer questions about why they pulled you over, you may have a better chance of winning your case, although this is not guaranteed. Some courts may dismiss the case, while others may reschedule the hearing or proceed with the available evidence.

Trial by Written Declaration

In many states, you can do a trial by mail. You submit your not-guilty plea and the reasons why in a letter, and the officer must do the same. While officers will often show up for court because it is an overtime opportunity, trial by mail is pure paperwork, and the police officer may not bother to submit their side of the story. If you lose by mail, you can still request an in-person trial, request traffic school, or pay your fine.

Tickets Based on Radar Guns

Radar guns require regular calibration, typically every 30 to 60 days. It is important to verify whether the radar equipment used in your case was properly maintained and calibrated according to the department’s standards. One option for your case is to question the reliability of the radar readings. In some states, the officer must check the calibration after issuing the speeding ticket with radar evidence.

Gathering Evidence To Support Your Case

Gathering supporting evidence is an essential part of your case. Without evidence, you cannot successfully contest your traffic ticket. When contesting a traffic ticket, common evidence used to support cases includes the following:

  • Witness statements
  • Photographs
  • Diagrams
  • Records showing weather conditions

Never present false evidence to a court. For example, claiming you were speeding because you had a sick child in the car is not a valid defense if it is not true.

Common Mistakes to Avoid

One of the biggest mistakes people make when they seek to contest a traffic ticket is missing the court date. It is important to appear in court on the date and time listed on your ticket. Even missing a court appearance for a minor traffic violation can cause a lot of problems. If you are not there when a judge calls your case, the judge will likely find you guilty — and you will have to pay the ticket — or issue a bench warrant for your arrest.

If you have a bench warrant, the next time you get stopped by police, you could be arrested. While this is unlikely for a single traffic ticket, it is possible. If you don’t think you will be able to make the court date, contact the court as soon as possible to reschedule. You may want to contact a lawyer for help if you already missed court.

Many drivers fail to convince traffic court judges to drop violations. It is not a defense if you claim ignorance of the law. Don’t expect the court to forgive you if you give the traffic court judge a sad story.

Hiring a traffic ticket attorney can go a long way to clearing traffic citations and avoiding traffic fines and penalties. Contact a traffic offense lawyer for legal advice about your traffic case.

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