Communicating With Your Attorney

Three Strategies For Fighting A Traffic Ticket

When you get a traffic ticket, you typically have the option to either pay the fine for the ticket before your court date or go to court to fight the ticket. If you intend to fight a traffic ticket, you need a solid strategy for pleading your case if you want to win. After all, most judges won't drop a traffic ticket because you didn't understand the law or you felt like the officer was picking on you. Fortunately, there are several ways that you can contest a ticket and have a good chance of winning your case. Simply use one of these strategies.

Argue That Your Conduct Was "Mistake of Fact"

Judges are allowed to give you some leeway if there were circumstances that were beyond your control that affected your actions. For example, if you were cited for driving through a stop sign, but the stop sign was obscured by an overgrown tree, you could take pictures of the obscured stop sign to prove that you didn't stop at the stop sign because you didn't see it.

Challenge the Officer's Conclusion of the Facts

Most states allow people to fight a traffic ticket by arguing that the officer's conclusion of the facts that occurred was incorrect. In order for this type of argument to hold up in court, the situation that resulted in the ticket needs to be a situation where the officer had to make a judgement call as to whether or not you actually violated the law. For example, if you were ticketed for making an unsafe left turn, you could argue that the officer's position didn't provide him with a good angle to see what actually occurred or that the officer was doing something, such as driving through the intersection in heavy traffic, so he was too distracted to make a good call.

You Reacted to an Immediate Danger

If something happens while you're driving that puts you in danger, and you receive a traffic ticket as a result of your actions, you have the right to fight that ticket in court. For example, if you were driving on the highway during rush hour traffic in the right-hand lane and you noticed a car merging onto the highway, you should typically move into the next lane to avoid an accident. However, if you were boxed in and couldn't merge, you might increase your speed in order to avoid hitting the merging vehicle. If increasing your speed resulted in you receiving a speeding ticket, you could argue that your conduct was necessary in order to avoid harm.

Arguing a traffic ticket isn't always easy. Yes, you'll increase your chances of winning your case if you have a good strategy to plead your case. However, if you're unsure of how to argue your case effectively, you should consider hiring a traffic lawyer like Walsh Fewkes Sterba or others to defend you.