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◉ The Insider’s Guide to Fighting Traffic Tickets

Tag: traffic court

There’s nothing quite like getting a traffic ticket to ruin your day. According to the Bureau of Justice Statistics, “the most common reason for contact with the police is being a driver in a traffic stop.” Most people think that fighting a traffic ticket is a hopeless job. Only five percent of drivers who get traffic tickets contest them. People who do challenge their traffic citations usually lose because they’re unprepared and nervous. If you’ve recently received a traffic ticket, here’s what you need to do and consider.

Tips for Contesting a Traffic Ticket

  • Review your ticket. Check all details of your ticket immediately after it’s issued to you. If you find wrong or missing information, there may be grounds for dismissal of your ticket.
  • Know your state traffic laws. Going over the speed limit in safe conditions is legal in a few states. If you received a speeding ticket in one of those states, you may have grounds for a ticket dismissal.
  • If the offense is of a subjective matter, sometimes you can challenge what an officer said he or she saw. In other words, was the officer in a good spot to get an accurate view of what occurred? If not, point out facts that can prove to the officer that he or she didn’t see what actually happened.
  • Determine if your actions have any legal justification or were necessary to prevent danger. Let’s say your ticket is for an illegal lane change. If you made an illegal lane switch to prevent hitting an animal or object, your ticket may get dismissed.

Going to Court

If you go to court, be sure you have photos that can support your case. These may include photos of stop signs or intersections. A good example is a photo of a hidden stop sign.

Use clear diagrams that show the location of your car and the officer’s vehicle. Make sure to include relative objects such as traffic signals or intersections. If possible, have witnesses who saw what happened and can testify on your behalf.

Considerations and Warnings

  • Consider if you have enough time to devote to fighting your ticket. If it is only a minor traffic infraction and fine, it may be better to just pay the fine. If you do decide to fight your ticket, expect to spend several hours in preparation. You will also spend at least half a day devoted to traveling to and from court, as well as disputing your case. You’ll also need to make sure you dress in proper attire so that you make a positive impression.
  • If you decide to fight your ticket, don’t use excuses that can immediately defeat you. Don’t say that you didn’t know the speed limit or that you were talking on your phone and didn’t notice the stop sign.

The Option of Attending a Traffic School

In many states, if you choose to fight your ticket you may waive your right to take traffic school. Usually, once you go to court it is then up to the judge to decide whether you are eligible for traffic school.

Traffic school could prove to be a good solution for your traffic ticket. In most cases, drivers get a reduced fine when they attend traffic school. It will also allow you to keep the ticket from having a negative effect on your driving record.

So highway patrol caught you speeding on the way home from work yesterday. You tried arguing with the officer a little that the speed really wasn’t posted anywhere and you were only traveling at the speed that felt safest. He still gave you a ticket. You still don’t feel it was rightly deserved and want to try and fight it! What do you do? You go to traffic court! But then, what should you do when you get there to help the case?

Here’s What NOT To Do

Court Room Decorum

When you go to court dress appropriately. Do not wear shorts and a tank top. Take the time to dress in a manner that shows the judge that you are a mature individual who deserves to have the privilege of driving. Wear some nice dress slacks and a button-down shirt. Females may want to dress in a longer skirt and a nice blouse or sweater. Try to keep the attire business casual. Do not chew gum while in the courtroom.

Don’t Talk Over or Interrupt the Judicial Officer

Have respect for the judicial officer hearing your case. Be polite and only talk at the appropriate times. Don’t argue or interrupt. If you can’t be polite and courteous in the traffic court room the judge may not believe that you are capable of being a polite and courteous driver.

Don’t sit in the audience talking.

While other cases are being heard you need to remember to sit in the audience quietly. Be patient. You don’t want to annoy the judge and have an opinion formed about you before it is even your turn.

Turn off your cell phones in the courtroom.

It is important to remember to turn your cell phone off in court. Many courts will actually post signs saying cell phones are not allowed.

Here’s What TO Do

Reach the Code Section you are being charged with.

Make sure that you have all the facts lined up before you set a trial. For most states, you can find the code section online.

Pay attention to other people’s cases being heard.

You’ll generally learn something if you listen to other people’s cases. See what they do to make things better or worse and use it for your own situation accordingly.

If you have an issue with the officer’s behavior, do not make this the only focus.

If your issue is with the officer’s behavior make sure that is not the only focus for your trial. Generally, that is an issue to be taken up with the policy agency. Be sure to mention it as a secondary issue and don’t use it as the entire reason you want the ticket to be dismissed.

Be prepared to spend most of the morning in court.

Don’t expect to get out of there early. Just be patient and wait your turn. You may not present your case properly if you are frustrated and anxious to leave. Also, remember, everyone there is in the same position you are so remember to be courteous.

Additional Advice for Traffic Court:

  1. Legal Counsel: Consider hiring a traffic attorney or at least consulting with one before your court date. They can provide valuable insights into your specific situation and might increase your chances of getting the ticket dismissed or reduced.

  2. Gather Evidence: If possible, return to the scene and take photographs, especially if there are no clear speed limit signs. This can be used as evidence to support your claim.

     

  3. Driving School: Some jurisdictions offer the option to attend a defensive driving course in lieu of paying the fine or getting points on your license. Inquire about this possibility.

     

  4. Witnesses: If someone was with you at the time of the alleged violation, consider bringing them as a witness. Their testimony might support your case.