It depends. Some tickets you can fight, and others you cannot. That means the first step is to determine what type of ticket has been issued. A driver's success on fighting a traffic ticket will be largely based on this.
As an alternative to fighting a ticket, the driver may just want to take the easier alternative and pay the fine and go to traffic school to have any points removed from their record. A reason for not challenging a ticket may be that, if the driver loses, they may be required to pay court costs and fines in addition to the cost of the ticket.
The first step someone should ask themselves is “what am I charged with?” Many times police don’t know the law, and technically what you did was not actually a violation of the law, but the officer simply thought it was. It is not uncommon for officers to be concerned with other aspects of protecting and serving to be correctly informed or up to date on the law. Thus, they may make mistakes on the application of many laws.
Many state DMV’s have traffic laws available on the internet. Simply breaking down whatever the traffic law is into distinct parts can help clarify what the exact charge is. It may also make it clear as to whether or not a person has a case.
Judges will stick to the law exactly as it is written. This type of hyper-technical, word-by-word reading of statutes is the key skill all lawyers and judges learn in law school.
By right, the judge must listen to both sides of the story in court. If someone has good reason to defend against the traffic violation, there is no reason the officer should be at any real advantage. As long as a case is presented by facts and law, and not lies and circumstance, anyone should have a case.
No matter what the defense is, a driver will normally win if the officer fails to appear.
Traffic tickets can be outrageously expensive, and may potentially have a serious impact on insurance and driving privileges. If you are considering challenging a traffic ticket, a criminal defense lawyer may be indispensable. A defense lawyer will be best situated to explain to you the law, how a judge will likely approach the law, and most importantly, be equipped to challenge or otherwise undermine the credibility of the citing officer.
Last Modified: 04-20-2015 01:59 PM PDTLaw Library Disclaimer
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