Contesting Traffic Tickets

By John Devendorf, Esq. | Reviewed by Andrew Leonatti

Last updated August 20, 2024

Many people don’t bother fighting a traffic ticket because it may not seem worth the time and effort. However, a traffic ticket can end up costing you a lot more money in insurance premiums. Winning your case may be easier than you think. Here is some helpful information on how to fight 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.

How Do I Fight a Traffic Ticket In Court?

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 is an admission of guilt, and you may lose your chance to fight it in court.

If you think you may want to challenge the traffic ticket, review the ticket information to see what to do next. Your ticket will likely have a court date printed on it. This is when you can show up to traffic court if you want to fight the violation instead of simply paying it.

To fight a traffic ticket, you should know the specific state or local law that you violated, such as a posted speed limit or running a red light. 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.

Common Defenses to a Traffic Ticket

There are several typical defenses used when fighting traffic tickets, including driving with the flow of traffic or driving safely under weather conditions. Here are some common traffic court defenses.

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. You generally have a constitutional right to question your accuser. If the officer doesn’t show up to answer questions about why they pulled you over, you could automatically win your case. Postponing the court date can increase the odds that the officer will not be present during the trial. However, be prepared because the officer could still show up, and you will have to respond to the offense.

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 often need calibration every 30-60 days. However, police departments often fail to have their radar equipment maintained. 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.

Errors on Your Ticket

Courts will often excuse minor errors on a ticket, such as whether the motor vehicle color is maroon or dark red. However, if the officer who pulled you over cites the wrong law on the ticket, you may be able to get your speeding offense dismissed.

What Happens If You Miss Court for a Traffic Ticket?

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. If you already missed court, you may want to contact a lawyer for help.

Is Fighting a Traffic Ticket Worth Hiring a Lawyer?

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 to try to get the fine reduced.

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 it difficult to get to work, provide child care, or go to school.

Traffic infractions can also cause your insurance rates to go up for years because of a checkered driving record. If you are a commercial truck driver, a traffic ticket can affect your job. When your license and livelihood are on the line, it often makes sense to hire a local traffic lawyer before going to traffic court.

When Should You Hire a Traffic Ticket Attorney?

Many drivers fail to convince traffic court judges to drop violations. It is not a defense if you claim ignorance of the law. Even if no one is hurt, the no-harm-no-foul rule doesn’t apply in court. Don’t expect the court to forgive you if you give the traffic court judge a sad story.

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

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