How to beat traffic tickets and fight them in court?
The majority of traffic tickets are simply paid, and that is the end of it.
Here’s the surprising thing… that could be a mistake which ends up costing you a whole lot more money than the initial fine amount.
According to NerdWallet, a speeding ticket results in an average car insurance increase of 25%. That is $413 more per year that you will have to pay for your car insurance premiums.
And there’s more:
A traffic ticket can follow you around for years, influencing your insurance rates, job prospects, and more. It may even lead to license suspension.
Good news, however, fighting traffic tickets is much easier than most people imagine. With a little know-how, anyone can fight a citation and walk away with a dismissal or a reduced penalty.
Inside, you’re going to learn:
- Why most drivers should contest their traffic tickets
- How to build a defence strategy
- What happens in traffic court
- Proven defences that actually work
Why most drivers should contest their tickets
Something you may not know…
Only 3-5% of all traffic tickets are contested in court. That is to say, approximately 95% of drivers just pay the fine, and that is the end of the story.
But wait. Half of the drivers who do contest their tickets have their cases thrown out altogether. The other half end up getting reduced fines or agree to a plea bargain that is in their favour.
Now, let me ask you a question.
You have a 50/50 chance of getting your traffic ticket thrown out by simply appearing in court. The more experienced traffic ticket attorneys that you can retain to work on your case increase the odds even further by knowing the court processes and building a solid defence.
Why do so many tickets get thrown out or reduced? There are a few different reasons, actually:
- Officers sometimes fail to show up in court
- The citation itself may have a technical error
- Lack of evidence
- Traffic stop procedure errors
All in all, the fact is that contesting a traffic ticket opens doors that just paying the fine never will.
How to build a defence strategy
The more prepared you are, the better when it comes to contesting a traffic ticket.
The minute that citation is placed into your hands, the clock starts ticking. Documentation should begin immediately while the details of the situation are still fresh.
Write down everything you can remember:
- The exact location of where the alleged infraction occurred
- The current weather and road conditions
- The traffic density at the time of the violation
- What the officer told you during the traffic stop
- Any witnesses to the alleged infraction
This information will form the basis of your defence. Without it, a strong case cannot be built.
The objective isn’t necessarily to prove innocence. The defence can also simply work to create enough reasonable doubt to get the charges dropped or reduced.
The next step is to research the specific violation. Every traffic infraction has certain elements which need to be proven. By understanding the elements, you are able to see the weaknesses in the case.
For instance, a speeding ticket would require the prosecution to provide evidence that the driver was going over a posted speed limit. If the signs were obscured or missing, that is a good defence point to raise.
What happens in traffic court
Traffic court is a lot different from what most people expect.
The first thing to keep in mind is that there is no jury. A judge is the final decision maker as to both what evidence is admissible and the guilt of the defendant. In some ways, this works in favour of the defendant as judges tend to be more receptive to technical arguments.
The next part to pay attention to:
It is the prosecution’s job to prove the infraction took place. They must do so by a “preponderance of evidence.” This is a lower standard than in a criminal court but is still a requirement of proof.
Many drivers make the mistake of assuming that the officer’s word is just automatically enough to “win.” That is just not true. Officers make mistakes, the equipment can malfunction, and memories can fade.
Talking of officers…
If the traffic officer who issued the citation does not show up for court, the case is usually dismissed. This is not a guarantee, but an absent officer removes the main witness against you as the defendant.
The court process generally goes as follows:
- Check in with the court clerk
- Wait for the case to be called
- Enter your plea when prompted
- Present evidence and testimony
- The judge makes a decision
Arriving early and dressing professionally also makes a difference. Judges take note when defendants show the proceedings respect.
Proven defences that actually work
There is no one-size-fits-all defence for every traffic ticket. The key is to match the correct strategy to the situation.
Questioning the officer’s observations is one of the most effective defences. Memories fade over time, and officers deal with many stops between the citation and the court date. The more detailed questions you ask regarding the stop, the more likely it is for the officer to reveal inconsistencies.
Calibration problems on the equipment used are another very good defence. Radar and laser devices must be maintained and calibrated on a regular basis. If maintenance records indicate that the device had not been calibrated or maintained, then the readings can be thrown into question.
Necessity is another defence that can be used.
Was there a legitimate emergency? For example, a medical situation that required immediate attention? These situations can justify a violation.
Missing or obscured signs can form a great defence. Speed limits, stop signs, and other traffic controls must be properly posted and visible. Obscured or missing signs weaken citations based on them.
Mistaken identity occurs more often than you may think. In heavy traffic, officers can sometimes cite the wrong vehicle. Dashcam footage or witness statements can be used to back this defence up.
Wrapping it all up
Fighting a traffic ticket takes some effort but is usually worth it.
The cost of simply paying the fine is much higher than the fine itself. Insurance premiums increase, points are added to your driving record, and employment opportunities may be affected.
Remember these 5 points:
- Most traffic tickets are simply paid.
- However, a high percentage of people who contest their tickets end up getting a better outcome
- Documentation and preparation make a difference.
- Understand the court processes to your advantage.
- Multiple defence strategies can be used.
The worst thing that can happen when you fight a ticket is that you end up paying the fine anyway. The best thing is that you can receive a complete dismissal with no further consequences.
Law enforcement are able to write over 41 million traffic tickets per year across the USA, so they do not have the time to prepare equally for every case. This creates an opportunity for a well-prepared defendant.
Don’t be a statistic that simply pays up and takes the consequences. Take time to understand the options available to you, build a defence and appear ready to fight.
The traffic ticket does not have to negatively affect your driving record and bank account for years to come.
