How to Fight A Ticket And Win!
Just because you got a traffic ticket, doesn’t always mean you deserved it.
Here’s how to fight a ticket and win!
When a law enforcement officer writes you a citation or ticket, it becomes one of 1.8 million traffic tickets processed in Los Angeles every year. Most people find it more convenient to pay and close the ticket, but this may not be the best option.
Today, we’re taking a closer look at some of the common defense strategies people use to fight a ticket.
Let’s get started …
How to Fight A Ticket
If you feel you didn’t deserve to be ticketed or you want to avoid the possibility of adding points to your driver’s license, you need to know how to fight a ticket.
- Check the ticket for accuracy
- Find the exact code sections you were cited for violating
- Follow the instructions provided on the ticket for either paying or disputing the ticket
- Gather evidence
- Note relevant details from the scene where you were ticketed
- Talk to witnesses and collect statements
- Take pictures of the scene, including the perspective of the officer
- Find out if any devices were used by officers to identify the violation
- Note the officer’s badge number and patrol car number
Once you have this information, you can begin forming a defense strategy.
The more information you have, the stronger case you can make for yourself while disputing the ticket. To help you get started, we’ve gathered some of the most common defense strategies for your consideration.
Take a look!
1. The Officer Doesn’t Show up in Court
You have a constitutional right to question your accuser. So, if the officer does not show up in traffic court, you will typically win your case.
How can you make it difficult for the officer to show up? Do not go to court on the date of your ticket. It is usually the date the officer has scheduled all his court appearances for his own convenience. Get an extension to have a different court date, and if possible, schedule the date that is close to a holiday or popular summer vacation time. Chances are very good that the officer will not bother to show up.
2. Unsubstantiated Camera Results
The video or picture must be brought to court and it usually just does not happen. Even if the video is brought in, you can challenge the officer’s opinion as “hearsay” because he is relying on the observations of something else (the camera). Neither the officer nor the camera (obviously) can testify as to what you did wrong.
3. Choosing A Trial by Written Declaration (Mail)
In several states, you are entitled to a trial by written declaration where you mail your claim as to why you are innocent and the officer sends in his claim. This method is pure paperwork and there is no financial incentive for the officer to submit his side of the case (he would be paid to show up in court but not for this).
4. Invoking the Sixth Amendment for a Speedy and Public Trial
The sixth amendment guarantees you a speedy and public trial. In California, this is defined as within 45 days of the time of the infraction.
When you are getting a court date, do not waive this right to a speedy trial. If the court system cannot fit you into that 45-day window, then your case must be dismissed.
5. Challenging Radar Gun Readings
Radar guns can give inaccurate readings, as much as 25 percent of the time. They must be recalibrated every 30-60 days. They rarely are. It is a common practice to challenge the accuracy of these readings. You can check to verify whether the calibration was done after the ticket was issued – and documented.
6. Finding Errors on the Ticket
An officer can make a minor error like misspell your name or call your car silver instead of gray, and the court will overlook this. But if the officer cites the wrong law on the ticket or identifies the wrong highway or make and model of your car, you may get your ticket dismissed.
7. You Made a Mistake of Fact
You could be driving in two lanes and not know it because the lane markers were faded and you couldn’t see them. You made a right turn at a corner where the “no right turn” sign had been knocked down. Or a new stop sign was put up on a road you travel every day and you had inadequate notice of the change. You can say you did not have enough time to know the sign was installed.
These are all honorable and reasonable mistakes of fact, and a judge may dismiss your case if he agrees with you. But driving recklessly or irresponsibly will probably negate any mistake of fact defense.
8. Justified (Defensive) Driving
In this defense, you are not disagreeing with the officer for being stopped. But you give a good reason why, under the circumstances, you drove as you did. For example, you were speeding when you passed a driver you suspected of being drunk or was driving erratically and you passed him to avoid an accident. If you slowed down after passing, you could cite that as a defense.
If you changed lanes quickly and pulled over to the side of the road, the officer may cite you for driving erratically. But you may have felt faint or dizzy or sick and wanted to avoid a possible accident. The judge may agree that this action was justified.
Summary
These are some of the many defenses that can be used in fighting tickets. A qualified attorney knows how to break down the law into sections each of which can be challenged for a different reason. The attorney can represent you in court and can present the evidence needed on your behalf.
Presentation of evidence is important in that it can refute the officer’s report. There may be witnesses or photographs that can be brought in to support your case. The personal opinion of the officer can also be challenged.
An attorney will also know what defenses do not work, like ignorance of the law or the fact that no one was hurt. It doesn’t help to point out that other cars were speeding, too. Admitting that you were guilty but others were guilty, too, doesn’t get you off the hook.
Saying the officer lied or giving some sad story doesn’t work, either. The judge hears this all the time. Your best bet is to explain as much as you can to your lawyer and let him take over.
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