It might feel like an uphill battle to fight a traffic ticket.You don't have the same rights as defendants in the criminal courts, such as the right to a jury or a free attorney, because minor traffic violations are not crimes.There are many moving violations that are strict liability offenses.Your intent is irrelevant.If you want to avoid having points added to your license that could cause your insurance to increase, you should do everything you can to keep that violation off of your record.
Step 1: You should check your ticket for accuracy.
Immediately after the officer gives you a citation, make sure all the information is correct.You may be dismissed for missing or incorrect information on your ticket.It has to be significant.The difference between a navy blue BMW and a black BMW is not enough to justify dismissal of a speeding ticket.If the officer writes a ticket for a red Honda Civic when you have a navy blue BMW, that's different.
Step 2: Make a note of the code sections you're cited for.
The officer will write down the exact sections of the city or state traffic code that you didn't follow.Ask the officer on the scene if you don't understand what you did wrong.You want to make sure you understand why you were pulled over.
Step 3: You can find the exact procedure for contesting your ticket.
The citation usually has contact information for either paying the fine or contesting the ticket.
Step 4: The scene of the incident should be recorded.
Make a record of the time of day when you were stopped, what the weather was like, how much traffic was on the road, and any other relevant information.All of these details can help you understand the situation since many laws rely on subjective judgement.You can make a judgement as to whether it is safe to exceed the speed limit in 20 states, including California, Texas, and Utah.You could argue that you were operating your vehicle safely if you used the circumstances from the time of the incident.
Step 5: Take statements from people.
If you had anyone in the car with you, or if there were people nearby who saw you get pulled over, you should ask them if they would make a statement on the record.Before you leave the scene, make sure you have the names and contact information of the witnesses who are willing to testify for you.Passengers or bystanders who will testify to your version of events can help you convince the judge that you were correct.
Step 6: Take pictures of the area from both your and the officer's perspectives.
Take pictures of what the officer would have seen if he had observed you from a different location.If your case depends on an obstruction or other dangerous condition, this is important.If you were pulled over and given a citation for an illegal lane change because you had to swerve to avoid a huge pothole, photos of it would support your argument that your actions were justified.If there are obstructions or heavy traffic, you can argue that the officer was not in a good position to see what happened.
Step 7: You can find out what the officer used.
If the officer's position that you violated the law is based on information provided by a piece of equipment, you will need to verify that the equipment was functioning properly.You should request copies of maintenance records and schedules before you go to trial.If the officer's decision was based on unreliable information, you may be able to get your ticket dismissed.Most radar guns need to be re-calibrated every other month.If the officer did not check the gun's accuracy when issuing the ticket, you may be able to get it dismissed.
Step 8: Get the information from the officer.
You should have the officer's name, his number, and patrol car number.You are entitled to copies of the reports and notes made by the officer who issued the citation.
Step 9: Do you fight the ticket or pay the fine?
It would take a lot of time and effort to fight a traffic ticket, so you might be better off just paying the fine and moving on.
Step 10: Will you be able to argue that your actions were due to a mistaken fact?
Ignorance of the law is never an excuse, but a mistake of a key fact may get you off the hook.If you didn't stop at a crosswalk because the paint was faded, the judge might cut you some slack.You should not argue that you didn't stop because you did not know you were supposed to.
Step 11: If your actions were necessary to avoid harm, decide if they were justified.
Even though you technically violated the traffic law, you have to make an illegal maneuver to avoid a dangerous situation.If you were swerving to avoid hitting an animal crossing the road, you might be able to get a ticket for an illegal lane change dismissed.You have to be able to prove that your version of events happened.If there was no one else in your car who saw the animal, you should pay the fine.It's not the same as avoiding harm.It must be something you didn't do that harms you.If you ran a red light and had a fight with your sister on your cell phone, that argument wouldn't excuse your actions if a police officer pulled you over and wrote you a ticket.
Step 12: Analyze the code sections you were cited for.
Break the section down into elements by finding a copy of the code.You can't be held liable if one of the elements is missing.There are portions of the code where personal judgement is involved.Many traffic laws rely on the driver to make an honest assessment of what conduct is best given the weather and highway conditions.Even if you get a ticket for speeding, you can still argue that the speed at which you were traveling was safe given the totality of the circumstances.A subjective judgement was made on the part of the police officer when a violation has the word "unsafe" in it.The door is open for you to argue that your actions were safe when you are cited for an unsafe movement.The Manual on Uniform Traffic Control Devices is published by the Federal Highway Administration.National standards for traffic control devices are contained in the MUTCD.If you can show that the sign or signal didn't meet the standards, your ticket may be dismissed.
Step 13: Are you able to have an attorney represent you?
Although you don't have the right to an appointed attorney, you may be able to hire a traffic attorney who can help you fight the ticket.
Step 14: Consider traffic school.
A minor violation can be dismissed if you attend traffic school.This option is only available for first-time offenders.If it's your first ticket in the jurisdiction, you may be able to take a special "no contest" plea in which you pay a reduced fee and the violation doesn't add points to your license or insurance.
Step 15: You can find out if you have the option of trial by declaration.
You can have a trial by mail in many states.The officer writes in with his side of the story after you write a letter explaining why you shouldn't be held liable.You win if the officer fails to write in.You can still request an in-person hearing if you lose by mail.
Step 16: If necessary, ask for an in-person hearing.
If you have been assigned a hearing date, your city may require you to request one.If you're responsible for requesting a hearing, you should do it as soon as possible so you have a better chance of getting it.Police officers who issue citations are required to show up at your hearing.Your ticket may be dismissed if he doesn't show up.If you already have a date on your ticket, consider changing it.The officer who issued your ticket usually has that date in his schedule and will attend several hearings that day.There's a chance the officer won't show up if the date of your hearing is changed.It is possible that the officer isn't available to show up.
Step 17: You need to appear at your hearing.
Arrive early for your hearing and wear professional clothing.You should bring copies of all the documents you want to present.All court staff should be treated with respect.Take a seat and wait for your turn if there are other cases being heard.Don't speak unless you are asked a question and address the judge as "your honor" when you're called to come forward.Don't bring your electronic devices with you to the courtroom, leave them at home or in the car.If the judge asks for something, you should organize your documents and evidence before you get there.
Step 18: Give your defense.
Explain to the judge why you are not responsible for the traffic violation.Stick to the facts and keep your argument short.If you bring witnesses to testify on your behalf, keep your questions brief and make sure they stay in line with what you're trying to prove.
Step 19: The officer gives her side of the story.
If you want to ask her about something, you can make notes.Don't argue with her.Don't accuse the police officer of lying.The judge is likely to believe the police officer if there is an argument between you and the officer.
Step 20: Ask the officer questions.
After the officer is done testifying, the judge will allow you to ask her questions.You want to see if the officer and judge have doubts in their minds.If you can place doubt in the officer's mind, she may become less sure of herself.The judge might dismiss your ticket if the officer isn't entirely sure.Challenge her subjective conclusions and create uncertainty in the officer's mind.Police officers don't always know the meaning of a law.The officer who pulled you over may not have realized that she has to make a judgement call every time she writes a ticket for violating a law that requires safe or responsible vehicle operation.Ask the officer how she came to conclude that your driving was unsafe or irresponsible, and then give her the evidence she didn't have at the time.She might give you a ticket for an unsafe lane change.She didn't see the deer crossing the road that you avoided by swerving into the left lane.Since it would be safer for you to hit the deer, she might change her mind.You can challenge the officer's observations and impeach her testimony.You took photos of the scene and talked to witnesses.If you asked the officer to describe the weather when she pulled you over, she would say it was bright and sunny.You can cast doubt on her observations by using a photo that shows the conditions were gray and cloudy.When she says she's certain that your car was the one that was speeding, you have the chance to ask her how certain she is.
Step 21: Accept the judge's ruling.
The judge will decide if you are responsible for the violation or not after all the evidence has been presented.Ask the court clerk for information on the appeals process if the judge rules against you.