Common Mistakes To Avoid When Contesting a Traffic Ticket

Contesting a traffic ticket is your chance to keep the ticket off your driving record. In most states, you can contest a ticket by mail or by appearing in traffic court. There are many possible legal defenses against traffic violations. With research and preparation, you have a good chance of winning your traffic ticket case.

Traffic laws vary by state. To understand how to contest a traffic ticket in your state, talk to a local traffic violation lawyer for legal advice.

Understanding Traffic Ticket Contesting

When a police officer writes you a traffic ticket, you can contest the violation through the court system. Generally, arguing with a police officer is not the right way to challenge a traffic ticket. Being aggressive with the law enforcement officer can worsen the situation and even result in criminal charges.

There are generally two ways to contest a traffic ticket. In most states, you can contest a traffic ticket by:

• Contesting a ticket in person at a traffic court hearing
• Submitting a statement by mail

In some states, the traffic ticket has the court location, hearing date, and time. If you cannot make the court date, contact the court to reschedule the court appearance. To contest the traffic ticket in person, be at the court on time to talk to the judge. In some states, you need to submit a formal hearing request for a traffic court hearing.

You can contest some traffic citations by mail. Check your traffic offense for the deadline to contest the ticket. In some states, you only have a week to contest a parking ticket or traffic infraction.

Common Mistakes To Avoid

Many motorists make classic mistakes when contesting a traffic ticket. The court generally does not want to hear excuses or why something isn’t fair. Common mistakes to avoid when challenging a traffic or speeding ticket include:

• Don’t complain you were singled out because other drivers were also violating the speed limit
• Claim you didn’t know the speed limit—ignorance of the law is not a valid excuse
• Say you weren’t paying attention
• Lie about what happened to the court
• Claim the officer was lying—the judge is more likely to believe the police

Preparing Your Case Effectively

Being prepared can increase your chances for a favorable outcome. Some tips to effectively challenge your traffic ticket include:

• Research the state or local traffic violation
• Identify possible legal defenses
• Gather evidence to support your defense
• Get legal help from a traffic law attorney

Start with the specific traffic violation. Look up the alleged violation statute and identify the elements. Most traffic offenses have required elements, and you can challenge those elements to show you did not violate the law.

Write out your legal defenses and gather any evidence to support your defenses. For example, if you are challenging a speeding ticket, you could show a picture showing that the posted speed limit sign was missing or knocked over. Other supporting evidence can include eyewitness statements, diagrams, and videos of the traffic scene. Possible legal defenses include:

• Mistake of fact
• Challenge the officer’s observations
• Driving was reasonable, given the road conditions
• Errors on the traffic ticket
• The speed camera or radar gun was not properly maintained

Tips for Success When Challenging a Traffic Ticket

Be prepared when you go to court for your hearing. You should take the court process seriously and address the judge with respect. Dress nicely and try to appear professional. Listen to the judge and follow their guidance. You should also understand the court procedures before you challenge the ticket.

Have all necessary evidence organized with copies for the court. Evidence should support your case, including photographs, videos, vehicle records, and driver’s insurance. If you rely on witness statements to back up your version of events, have your witness present in court.

Be prepared in the event you lose your case. You should investigate alternative penalties or options before contesting the ticket. In some cases, you can ask the judge to reduce the fine or get traffic school to keep the points off your record.

Legal Representation and Advice

A traffic ticket can increase your insurance rates and lead to a driver’s license suspension. Serious traffic violations, like a DUI or reckless driving, can also involve criminal charges. A traffic ticket lawyer can explain the process for contesting a traffic ticket and represent you in court. Your attorney can appear in person for most traffic violation cases, so you don’t have to.

The cost of a criminal defense attorney can depend on the type of violation. In some cases, the cost of an experienced attorney may be less than paying higher insurance premiums for the next few years or dealing with a suspended license. For legal advice about winning your traffic ticket case, talk to a local traffic ticket attorney.