Find A Traffic Ticket Attorney
If you have recently gotten a traffic ticket or speeding ticket you should consult a Traffic Ticket Attorney or a Criminal Defense Lawyer that specializes in Traffic Tickets.
Traffic tickets and speeding tickets are written everyday in every state. Some experts estimate that more than $6 billion in traffic tickets and speeding tickets are issued every year (100,000 tickets per day). The vast majority of these traffic tickets are paid and not contested. Many drivers do not hire a traffic ticket attorney or fight the traffic ticket because they feel that they violated the law.
How to determine if you should contest a ticket?
First thing you should do after being cited is make notes about the circumstances surrounding the “violation” so that you or your criminal defense attorney can use this information to determine whether you violated the law or not.
Next, you should research the statute you have been cited with violating. This is crucial, since it is the state’s (or city or county) obligation to prove that you violated each element of a statute based on the exact language.
Breaking down the law into its elements is an effective strategy for determining the best defense since the prosecution must prove each element to beat you in court. It is useful to contact a traffic ticket lawyer for this job. If you can show that you didn’t violate even one element of the statute, you should be found not guilty.
Finally, you must make a cost benefit analysis to determine whether you want to fight the ticket. For some, the principle alone is enough to justify fighting the traffic or speeding ticket. Others consider the cost of the ticket and the increase in their insurance, points that will be put onto their driving record and/or the possibility of losing their license if they have multiple moving violations within a short period of time.
Are there any other viable defenses?
f your analysis and/or consultation with a traffic ticket attorney shows that you likely violated each element of the statute, you may still win. First, in approximately 30% of the trials, the police officer fails to appear in court. If this happens, the case is dismissed because the prosecution cannot offer evidence without the police officer’s testimony. In addition, there are circumstances in most traffic stops that could raise the proverbial reasonable doubt as to whether there was a mistake made in the issuance of the ticket.
Was the police officer's view of what happened blocked by other moving vehicles or stationary objects like trees, fences, or buildings?
Did the officer stop the right car? Often in heavy traffic with cars traveling at relatively high speeds (the officer’s car is often stationary so the traffic is whizzing by), an officer sees a violation committed by one sedan and to stop another further down the road. You and your traffic ticket lawyer's ability to show this may have happened increases significantly if there is a curve in the road, construction project, rain or inclement weather, darkness or just heavy traffic, the police officer lost sight of the offending vehicle between the violation and pulling you over.
Were you charged with speeding when you were driving safely, even though you were driving over the speed limit?
In about 20 states, the law provides that it is legal to drive slightly over the posted speed limit as long as you can prove conditions made it safe to do so.
Was there an actual error in the officer's approach or methodology?
With speeding tickets, did the officer correctly pace your vehicle or properly use radar, laser, or VASCAR to establish your speed (these devices are often inappropriately maintained or calibrated)?
While you can use the information contained in this section to evaluate your case and come to a decision to fight the traffic ticket, we recommend that you consult with a traffic ticket attorney.