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 end up costing you a lot more money in insurance premiums, and winning your case may be easier than you think. Here is some useful information on how to fight a traffic ticket and what might happen if you don’t. If you have any other questions about contesting traffic tickets in your state, talk to an experienced traffic violation lawyer where you live.

How Do I Fight a Traffic Ticket In Court?

To fight a traffic ticket, you should know the specific law or speeding statute that you are accused of violating. The individual state traffic code or municipal code can be broken down into elements. To prove you were guilty of violating the law, all elements of the offense have to be met. If you can show that your actions do not meet all the elements of the law, then you have a good chance to fight the traffic ticket and win.

When you first get notice of your traffic ticket from the police officer or in the mail, paying the fine is generally an admission of guilt. If you pay your ticket, you may lose your chance to fight the traffic ticket in court. If you think you may want to challenge the traffic ticket, review the ticket information for what to do next and when to appear in court to fight the ticket.

How Do Lawyers Dismiss Traffic Tickets?

You may be able to represent yourself in traffic court but a lawyer has the education, training, and experience to understand the various ways to challenge the ticket and get the offense dismissed. In most cases, an experienced traffic ticket attorney can represent you in traffic court to fight the charges. Your traffic ticket lawyer may even be able to show up in your place so you don’t have to take time off of work and wait around all day for your name to be called.

Traffic ticket lawyers understand local traffic codes and state traffic laws. With a qualified traffic violation defense attorney, you may be able to get the ticket dismissed, keep a clean driving record, keep your insurance low, and keep your driving privileges.

What Happens If You Miss Court for a Traffic Ticket?

Your traffic ticket or violation notice will generally have a date and time to appear in court. It is important to appear in court on that date and on time. Even missing a court date for a minor traffic violation can cause a lot of problems. When a judge reads your name or case in court and you are not there, the judge may issue a bench warrant for your arrest.

A bench warrant is generally issued for failure to appear in court. If you have a bench warrant, the next time you get stopped by police, you could end up under arrest, even for a routine traffic stop. If you don’t think you will be able to make the court date, contact the court as soon as possible to try and reschedule your court date. If you already missed court, you may want to contact an attorney to go to clear up the issue and get the warrant lifted.

Is Fighting a Traffic Ticket Worth Hiring an Attorney?

Many people represent themselves when they contest a traffic ticket but it can be better to have an attorney help. An attorney will know the ins and outs of the local courts, as well as the judges and some of the police officers who issue traffic tickets. They have the knowledge to determine whether you have a legal defense to the ticket and can also negotiate with prosecutors to try and get fines reduced.

A traffic ticket can cost you anywhere from $50 to $3,000, depending on the violation and where you live. If you have been ticketed before or have aggravated factors, there may be additional penalties, including having your license suspended or revoked. Losing your license can make it difficult to get to work, provide child care, or go to school.

Traffic can also cause your insurance rates to go up, so fighting a ticket could have long-term benefits. If you are a commercial motor vehicle driver, the stakes of getting a traffic ticket can impact your job. When your license and livelihood are on the line, it often makes sense to hire a local traffic attorney before going to traffic court.

Frequently Asked Questions About Traffic Violations

Here are some of the frequently asked questions (FAQs) about traffic violations, including speeding, running a red light, and the penalties for a traffic violation.

What Is the Speed Limit if There’s No Sign?

Many drivers who receive speeding tickets try to defend themselves by claiming there were no posted speed limit signs or that trees or other obstructions were blocking the signs. However, city regulations often include default speed limits. Default maximum speed limits tend to be around 20-30 miles per hour for city streets, 55 mph for county highways and similar roads, and 65 mph for expressways and interstate highways.

Keep in mind: Not seeing the applicable speed limit sign is not a valid defense.

Are Speed Cameras Required to Have Signs on Them?

Speed camera and red-light camera laws vary by state. For example, in New Mexico, cities must mark speed cameras. In Georgia, speed cameras are only permitted in school zones for school zone speed limits and only around the times when school is in session. Some states, like California and Texas, cannot use speed cameras at all.

How Long Does a Traffic Ticket Stay on Your Record?

The time a traffic violation stays on your record depends on the state. A minor traffic violation may stay on your record for a limited time, usually two to five years. In some states, a traffic violation will permanently remain on your state driving record. If the traffic violation is considered a misdemeanor, it can also show up on your criminal record.

What Are the Penalties for a Ticket in a Construction Zone?

Motor vehicles driving through a construction zone or work zone can be dangerous for workers. Traffic laws may lower speed limits through construction zones, which can mean a ticket for drivers who are used to driving through the areas at a normal speed. There are usually increased penalties for speeding in a work zone, which can include doubled fines and additional points on your record.

How Many Points Is a Speeding Ticket?

Many states use a points-based system for driving records. After a driver accumulates a certain number of points within a period of time, the driver’s license can be suspended or revoked. Different types of traffic violations count for different numbers of points.

For example, under New York vehicle and traffic law, the number of points for speeding can range from 3 points to 11, depending on the speed in excess of the limit. Driving in excess of 1-10 mph over the limit is 3 points and driving in excess by 31-40 mph is 8 points. If a driver gets 11 points in an 18-month period, their license can be suspended.

In Florida, speeding and reckless driving are 3-point penalties and failure to obey a traffic signal is 4 points. If a driver gets 12 points within 12 months, their license can be suspended for 30 days. If a driver gets 18 points within an 18-month span, their license can be suspended for 3 months.

Do Speeding and Traffic Tickets Affect Insurance?

Traffic tickets can also affect insurance rates. Auto insurance companies have access to a driver’s record and can see when a driver gets a traffic ticket or when the driver gets a certain number of points on their record. The insurance company considers drivers with traffic violations to be at a higher risk for getting into an accident and they can raise the driver’s insurance premiums after a speeding or traffic ticket.

Is a Traffic Ticket a Misdemeanor?

Traffic tickets are generally infractions or misdemeanors. Minor traffic violations, such as a parking violation or speeding, is generally an infraction. The penalties for an infraction may include a fine and points on your driving record. Some criminal traffic violations can be misdemeanors, including reckless driving, hit and run, or drunk driving. In some cases, a traffic violation can even result in felony charges, including vehicular manslaughter or driving under the influence causing serious bodily injury.

What Is Traffic School?

Traffic school and traffic diversion programs are courses that can get traffic violations dismissed so they don’t end up on your driving record. Traffic school can be a classroom program or online program that focuses on highway safety and safe driving information. Traffic school may only be available for minor traffic violations, like speeding or running a stop sign. In most cases, you can only do traffic school if you have not had a prior traffic violation or participated in traffic school within a certain number of years.

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 the weather conditions. Many of the defenses below are based on your constitutional right to question the accuser:

The Officer Doesn’t Show Up

The easiest way to win your case may be to have the police officer not show up. You generally have a constitutional right to question your accuser. If the officer doesn’t show up, you could automatically win your case. Postponing the court date can increase the odds that the officer will not be present during the trial.

The date on your ticket is often a “gang date” for the officer, where the officer has scheduled all of their court dates at once. If you schedule for an extension that falls on a different day, you may have a better chance they aren’t going to come in. You may also want to choose a court date that is closer to the holidays or summer vacation days, which could increase the odds of your officer being out on vacation. However, be prepared because the officer could still show up and you will have to be prepared to respond to the offense.

Camera Tickets and Hearsay

People often think that there’s little they can do with a camera-based ticket but there may be ways to beat the camera tickets. The court may not go through the trouble of bringing the video or picture to court, which could result in dismissal of the ticket. You may also have a hearsay defense to the camera ticket because the officer that appears likely did not see you do anything, but is relying on the observations of a speed detection devices.

The Sixth Amendment Requires a Speedy and Public Trial

The Sixth Amendment guarantees you a speedy and public trial. For example, in California, a speedy trial is defined as 45 days from the time of the infraction. You may be asked by the court to waive your right to a speedy trial. You cannot be legally forced to waive this right. In this example, if the court system cannot fit you in within 45 days, then your case should be dismissed.

Trial By Declaration

In many states, you are entitled to a trial by mail. You submit your claim as to why you are innocent 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 to be recalibrated every 30-60 days. However, police departments often fail to get their radar equipment properly maintained and calibrated. 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.

Check Your Ticket for Errors

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, or grossly misidentifies the highway or type of vehicle, you may be able to get your speeding offense dismissed.

Defenses That May Not Work

The following is a short list of common defenses people often make when fighting traffic tickets that often don’t work:

• You claim ignorance of the law. It doesn’t matter how honestly you misunderstood what was required, it won’t work.
• You argue that no one was hurt. The no-harm-no-foul rule doesn’t apply in court.
• You complain that the officer selected you alone out of a dozen other potential violators. Admitting that you were in fact guilty but that there were other guilty people present doesn’t help you.
• You give the traffic court judge a sad story. It doesn’t work, judges hear this all day long and may doubt your honesty. At best this will slightly reduce your fine.
• You claim the officer is lying. Between you and the police officer, the judge is more likely to believe the officer. Unless you have specific proof that the officer is not telling the truth, it is not likely to work.