Whether you got a ticket for speeding, didn’t come to a complete stop before turning right on red, or you misread a traffic sign, getting a ticket if inconvenient. Fighting the traffic ticket in court is a possibility, but is it worth it? Check out these traffic court strategies to help you get out of paying for that ticket!
One of the first steps you should take is studying the law you were charged of violating.
You will want to examine the elements involved when you violated the law. This is what the state must prove in order to get a conviction. If the state can’t prove one element, then you will be considered not guilty. If you think that the evidence involved is weak or lacking information, you will want to point this out to the judge. It’s important to remember that you normally win if the officer fails to show up.
In some cases, if you challenge the police officer’s point of view, it may be a good strategy. This strategy could be viable in a situation where the officer might need to make a judgement call. An example of this could be if an officer gave you a ticket based on making an unsafe left turn. This is subjectively based. If you give good reasons as to why you believe that the turn was safe, the judge may be in your favor. According to NOLO, “establishing a speeding violation requires a subject judgment on the part of the officer that you were going an unsafe speed. “
Usually when an individual challenges a cop in regards to what they saw when the incident took place, the court will judge in the cop’s favor. An example of this would be if the cop said you turned when the light was red, but you insisted that the light was still yellow when you drove under it.
If you are trying to convince the judge, you may want to have witness statements, a diagram to show exactly what happened, and any photographs of intersections, stop signs, or the road conditions that might have made an impact.
According to NOLO, “Judges are allowed some leeway in considering circumstances beyond your control. If you can show that you made an honest and reasonable error, a judge might find you made a “mistake of fact” and dismiss your ticket.”
In some situations, you can argue that your actions were “legally justified”. You will want to prove that your conduct was necessary to avoid serious harm.
There are some defenses that generally rarely work. Some of these may include saying that you didn’t do it, arguing that your action didn’t harm anyone, or say that “the officer was picking on you.”
Palacios Law Group always recommends contacting a lawyer if you have any questions. Our criminal defense team can help you.