Deciding if Fighting Traffic Tickets Is a Good Idea

Fighting traffic tickets can take time and effort. Sometimes, it’s not worth fighting in the long run, even if you win. The money or opportunities lost by taking a day off work for your court appearance may cost more than the actual ticket, even if you’re in the right.

However, if a ticket means thousands of dollars in increased insurance premiums, it may be worthwhile to fight it. The penalties for a traffic violation can depend on where you live. For more information about whether you want to fight a traffic citation, talk to a local traffic ticket attorney for legal advice.

What Traffic Offenses Did You Violate?

Many police officers may not have the same depth of legal training as lawyers, but they are trained to enforce traffic laws. Your first step in fighting traffic tickets can be to read the exact motor vehicle law on your citation.

Breaking the law into elements can help you understand whether your driving violated the law. Some elements you probably can’t challenge, such as whether you were driving the car. You can try going into court, lay out the law, and demonstrate that you never violated the law. You’re innocent until proven guilty. However, the judge may disagree with your analysis and find you guilty.

Is It Cheaper to Fight the Ticket or Pay It?

The costs of a traffic ticket can depend on your situation. A one-time minor traffic infraction may just carry a small fine. However, the DMV may suspend your driver’s license if you have several points on your driving record. A license suspension can make working or caring for your family challenging.

Some traffic violations have more severe penalties. Getting a DUI can mean fines, jail time, and a misdemeanor charge on your criminal record. In some states, you have to go through traffic school or get substance abuse counseling. A DUI may also cause the car insurance company to increase your rates for years.

Paying the Ticket Can Be an Admission of Guilt

When you first get your ticket, do not pay it if you have doubts about fighting it. In most jurisdictions, paying the fine is an admission of guilt. Instead, find out how you can get your day in court. Check your ticket for your court date. If you can’t make the court appearance, contact the court to try to reschedule.

Can You Go to Traffic School?

Many state traffic laws offer an option to attend traffic school after a red light or speeding ticket. After completing traffic school, your charges will be dismissed or reduced. This can keep the ticket off your driving record, so your insurance rates won’t increase after your first ticket.

Look at the traffic school options in your state. Some states allow you to complete traffic school online. If you find traffic school to be a good option, request it from the prosecutor or judge.

What Are Common Defenses to a Traffic Ticket?

There are several possible defenses you can use when fighting traffic tickets. Many defenses involve your constitutional right to question the accuser or police officer.

The Officer Doesn’t Show Up

If the police officer does not show up, it may increase your chances of dismissal, but it is not guaranteed. You have a constitutional right to question your accuser. You can increase your chances of getting a no-show. Postponing the traffic court date can increase the chances the officer will not show up for the hearing. The date on your ticket is usually a common date for when the officer has scheduled all their court dates. If you get an extension that falls on a different day, there is a chance they aren’t going to come in on their day off just for you.

Choose a court date closer to summer vacation days or holidays. This can increase the odds of your officer being out on vacation.

Camera Tickets and Hearsay

People often think there’s little they can do with a camera-based ticket. But you may be able to beat them in some states. Some courthouses do not go through the process to bring the video or picture to court. If you challenge the evidence, it can result in an automatic dismissal of the ticket.

However, many states are getting better and going through the process to ensure you can’t get an automatic win just by contesting the ticket. Talk to a local traffic lawyer about the red-light camera laws in your state.

Trial by Declaration

In many states, you can get a trial by mail. You can submit your claim about your innocence in a letter, and the officer must do the same. Officers generally show up for court, but trial by mail is extra paperwork. Some officers will not bother to respond. When this happens, you may win by default. If you lose the trial by mail, you can still request an in-person hearing, ask for traffic school, or pay your fine.

The Sixth Amendment Requires a Speedy and Public Trial

The Sixth Amendment guarantees your right to a speedy and public trial. The specific time frame for a speedy trial can vary by jurisdiction. For example, in California, a speedy trial for most traffic infractions is within 45 days. The court may ask you to sign a document to waive your right to a speedy trial. If you don’t sign and the court system cannot fit you in, then you can have your case dismissed.

Tickets Based on Radar Guns

Radar gun calibration requirements vary by jurisdiction. In some areas, officers must ensure radar guns are properly calibrated, which can be a point of contention in court. Radar guns generally need recalibration every 30 to 60 days. Police departments don’t always follow the calibration guidelines. You may be able to challenge the reliability of the radar guns to fight the ticket.

Check Your Ticket for Errors

Courts will often excuse minor errors on a ticket—a misspelled name or whether your car color is maroon or dark red. However, if the officer cites the wrong law on the alleged violation, you may be able to get your ticket dismissed.

When Should I Contact a Traffic Lawyer?

Without an experienced lawyer, you may end up like many other motorists with defenses that don’t work. Judges don’t want to hear excuses. Ignorance of the law is no excuse. As a driver, the law expects you to know the traffic laws and speed limits. It doesn’t matter how honestly you misunderstood the speed limit. Claiming you didn’t know usually won’t work. Other defenses that rarely work include:

• You argue that no one was hurt. The no-harm-no-foul rule doesn’t apply in court.
• You complain that everyone else was also speeding. Admitting that you were guilty but that there were other guilty people present doesn’t help you.
• You give the judge a sad story. Judges may doubt your honesty. They hear sob stories all the time, and it rarely works. This might slightly reduce your fine.
• You say the officer is lying. Between you and the officer, the judge is more likely to believe the police. Unless you have specific proof, it usually won’t work.

If you want to keep a traffic ticket off your record and avoid rate increases in your auto insurance, talk to an experienced traffic ticket lawyer.