The most important step to prepare for a speeding and moving violation case is to hire a traffic violation lawyer. A traffic violation attorney is an attorney who specializes in traffic-related cases. They may be able to help a driver lower a fine, have a charge reduced, and/or have a ticket dismissed, when possible.
It is important for an individual to be aware of what speeding and moving violations are as well as what charges may be greater and/or lesser than the ones they are facing. This will allow them to communicate more effectively the important issues during their legal consultation.
The majority of speeding and moving violations are not criminal offenses. Instead, they are infractions. These will carry fines, and may affect an individual’s ability to obtain a driver’s license, and/or raise their car insurance rates. It will generally not, however, result in jail time and/or other criminal punishments.
The laws regarding speeding and moving violations vary by state and even by city. Because of this, it is extremely important to be aware of local laws. Common speeding and moving violations include:
- Failing to yield;
- Failing to stop and/or signal;
- Making a dangerous left turn;
- Failing to obey traffic lights;
- Having an invalid registration sticker; and/or
- Reckless driving.
Typically, the ticket an individual will receive will include a court date and time as well as the amount of the fine. Accepting a ticket from a law enforcement officer does not mean the individual accepts responsibility.
In many cases, a traffic court will provide an option to attend a driving program and/or traffic school. Upon completion of this program, the speeding and/or moving violation will be removed from the individual’s record.
After an individual has received a violation, their options include:
An individual usually admits responsibility for the speeding or moving violation by entering a plea of no contest. Technically, the individual is not admitting or denying responsibility for the violation, but is simply paying a fine.
If an individual decides to contest a ticket, they will challenge the law enforcement officer’s observations by contesting the facts that are presented. An attorney can be of great assistance if an individual decides to contest a ticket.
An individual may also pay the traffic ticket and attend driving school. If an eligible individual attends traffic school, penalty points will not be assessed against their driving record. This will allow the individual to keep a clean driving record and lower insurance premiums.
The majority of speeding and moving violations that are worth fighting against for the following reasons:
- A violation is costly;
- An individual’s driving record will be blemished;
- Insurance premiums will rise;
- An individual’s driver’s license may be suspended after so many points; and/or
- Some employers require a clean driving record.
What Documents Should I Gather Before I Meet with My Speeding and Moving Violation Lawyer?
It is important to gather documents and make a list of questions prior to consulting with an attorney. In most cases, documentation will include the citation itself. It is also important to inform the attorney of any witnesses the individual is aware of as well as any other evidence they have already gathered.
It is important to think of any questions an individual has prior to their consultation and make a list. This may include questions such as:
- What are the possible consequences of the violation?
- Is it possible to negotiate the violation down?
- Is it possible to attend a driving school?
There may be other information and/or documents the attorney will request following the consultation, based on the information gathered. It is important to provide this information to the attorney as soon as possible so they can prepare their case.
What Makes a Strong Speeding and Moving Violation Defense Case? What Makes it Weak?
A strong speeding and moving violation case starts with the help of an attorney. An attorney will take into account the facts of the violation and determine how to best resolve the case in their client’s favor.
In some cases, a ticket and/or violation may be serious and the driver may be facing severe consequences. A lawyer may be able to negotiate a more favorable resolution.
If it is not possible to negotiate the violation, a lawyer will present a well-organized and effective defense in traffic court. In some cases, the attorney may be able to present an argument that causes the ticket to be dismissed.
A strong case will require organization and evidence. Important evidence includes:
- Witness statements;
- Photographs of the area; and
- Diagrams of the driver’s car in relation to the officer’s car.
An attorney will be familiar with presenting this evidence as well as other important evidence in traffic court. An individual has a much greater chance of prevailing with the assistance of an attorney.
What are Some Dos and Don’ts for Speeding and Moving Violation Cases?
Some “do’s” for a speeding and moving violation case include:
- Do: Hire an attorney. What may seem like a simple violation can turn into a serious issue. In many cases, an individual may be overwhelmed trying to handle court on their own.
- Do: Follow your attorney’s advice. Sometimes, clients do not always understand why attorneys ask for certain information and/or make certain recommendations but there are things attorneys are aware of that their clients are not.
- Do: Follow through with whatever the court orders you to do regarding your violation. If you are required to pay a fine, pay it. If you are permitted to attend traffic school, make sure you complete it.
Some “don’ts” for a speeding and moving violation case include:
- Don’t: Ignore the citation. This will only cause further problems and consequences. Fines may be increased and punishments may be harsher.
- Don’t: Ignore the citation. This is important enough to repeat. In many states, an individual’s driver’s license will be suspended and they will receive a notice. If they do not respond, a warrant may be issued for their arrest.
- Don’t: Ignore the citation. Yes, you saw that three times. If you have any questions at all regarding a speeding and moving violation, seek the advice of an attorney before the problem grows bigger than you can handle.
When Do I Need a Criminal Lawyer for a Speeding and Moving Violation Case?
You need a traffic violation lawyer for any speeding and moving violation case. A lawyer will be able to provide advice based on an analysis of the facts of the case. They can explain possible outcomes and resolutions of the case and provide advice on how to achieve the best results.
A traffic violation lawyer may be able to negotiate a resolution to your traffic violation. This can be especially important if you are facing serious charges. A lawyer representing you during court proceedings will be able to present a concise and effective defense, more so than you could present on your own.
A dismissal may also be possible in some cases with the help of a traffic violation lawyer. There may be reasons for a dismissal of which you may not be aware. This is important for any type of ticket and/or violation, as the driver will be affected in some way.