Let’s face it, we’re all human, which means we all make mistakes while driving. We inadvertently speed, roll through a stop sign, or pick up that phone call from a family member. Getting pulled over by a police officer and written up with a ticket can not only be a stressful experience, but it can also negatively affect your driving record if points are assessed on your license. And you may even end up in court.
But good news—there are a few tips that can help with getting a traffic ticket dismissed. So if you’re asking yourself “is it worth it to fight a speeding ticket,” the answer is “yes.”
Here are eight tips that make it easier for you to get your traffic ticket dismissed in court.
1. Answer the officer truthfully and with respect
If you’re pulled over by a police officer, stay cool, calm and collected and answer their questions truthfully. Your demeanor during a traffic stop counts. In other words, treating officers with respect can not only make a difference when it comes to getting a ticket, it can make a difference further down the line, in court.
2. Take photos of the scene
If it can help your case, take photos of the scene. Depending on the facts, dashcam footage may also be useful. You can also ask for a copy of the officer’s notes, which will be helpful at trial, as you’ll know what to expect them to say, and you can prepare questions to ask the officer.
3. Request a trial
In some states, you have to option to request an in-person trial, or a trial “by declaration.” The latter is an option for people who don’t like public speaking. It allows people to defend tickets in writing without having to be in court. Some people prefer requesting this type of trial because if you lose, you can request a second trial in person.
4. Prepare, prepare, prepare
When it comes to winning in court, there’s no such thing as being too prepared. Organize your documents and arguments. Get all of the relevant facts together in a way that you can easily refer to them, whether it’s on notecards, typed out on paper, or in some other format. You want to present all the relevant facts concisely to the judge. If you have witnesses, make sure that you prepared them.
You want to be familiar with the information that’s important to your case, like radar readings (if it’s a speeding ticket), the date, the time of day, and your registration and insurance details. When presenting your case, details from when it happened will be discussed, such as the weather and what you were wearing.
5. Make a good impression on the judge
Somewhat similar to No. 1 above, make a good impression on the judge if you want to get a traffic ticket dismissed in court. Dress professionally, be courteous, and don’t give them an excuse to rule against you. You also want to be respectful to the clerks and all other court employees.
Even if the prosecutor tries to rattle you with questions, stay calm—angry answers will only hurt you.
6. Is the police officer present?
Before your trial starts, check-in with the court staff and ask if the ticketing officer is there. If not, you can ask to have the ticket dismissed (more on that below). If your officer is there, the prosecutor will present their case first, then you’ll have your chance to present your case. Pay close attention and take good notes of what the prosecutor and the officer say because if there’s anything you don’t understand, you can ask them to clarify it. And, if the officer’s recollection of events is different than yours, you should challenge them on it.
7. Present your best defense
As stated above, if the police officer doesn’t show up, your case will likely be dismissed and you won’t have to pay the fine (though some states require you to pay the fine before trial, then it’s refunded if you win). Another reason you may get your ticket dismissed is if the officer made a mistake. Leaving out information, or recording incorrect details, is enough for a judge to reject a conviction. Finally, if you can prove to the judge that the ticketing officer used faulty equipment, like a broken radar gun or a malfunctioning red light camera, you won’t have to pay.
Don’t put forth every single defense under the sun that you can think of. Many simply aren’t helpful. Here are several commonly used defenses that rarely meet with success:
- Claiming ignorance of the law
- Claiming you were simply “going with the flow” of traffic
- Claiming the officer singled you out
- Claiming no one was hurt and there was no property damage
- Telling an exaggerated sad story
8. Consult a LegalShield Provider Lawyer
When it comes to motor vehicle issues, like traffic tickets, getting a professional legal opinion is always a good idea. Lawyers can truly make the difference with respect to your driving record. For example, in California, minor violations stay on your record for 3 years and major violations for a whopping 10 years.
LegalShield offers membership for less than $1 a day—this means that you get unlimited legal help for a tiny fraction of what such services usually cost. There are so many benefits of membership, but a customer favorite is legal representation for motor vehicle issues, like contesting tickets and traffic accident issues. Whether you have a general question or specific questions about your ticket, LegalShield is here to give you all the advice you need, so reach out today. We’d love to hear from you.
Pre-Paid Legal Services, Inc. (“PPLSI”) provides access to legal services offered by a network of provider law firms to PPLSI members through membership based participation. Neither PPLSI nor its officers, employees or sales associates directly or indirectly provide legal services, representation, or advice. The information available in this blog is meant to provide general information and is not intended to provide legal advice, render an opinion, or provide any specific recommendations. The blog post is not a substitute for competent legal counsel from a licensed professional lawyer in the state or province where your legal issues exist and the reader is strongly encouraged to seek legal counsel for your specific legal matter. Information contained in the blog may be provided by authors who could be third-party paid contributor. All information by authors are accepted in good faith, however, PPLSI makes no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of such information.
The post How to Get a Traffic Ticket Dismissed in 8 Steps appeared first on LegalShield.
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