How Ticket Centers Get Speeding Tickets Dropped
Receiving a speeding ticket doesn't necessarily mean that the issuing officer has the last word. Challenging a ticket on legal and logical grounds is possible, and in many instances with enough legwork the ticket can be dropped and a full refund given. Driving laws and the method of challenging varies from state to state, so a bit of research into the local rules and procedure is a good idea before embarking on a challenge.
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Receiving the Ticket
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After the office issues the ticket, the fine amount should come in the mail a few weeks later. In it will be the full fine amount and instructions on challenging the ticket. Generally, challenging the ticket will require sending in the fine amount--known as the bail amount--and declaring somewhere on the check that you, the defendant, plead not guilty. If the court overturns the conviction, the defendant will receive a full refund and no points will be assessed to the driving record.
Trial by Declaration
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Submitting a trial by declaration is a way to fight the ticket by not appearing in court. Essentially, the defendant must prepare an affidavit that proves his or her case. Included in this affidavit should be a statement explaining the reasons behind the challenge and include any evidence that helps prove this point (for example, a photo, engineering surveys or witnesses). The declaration is best submitted several days before the due date so as to avoid any appearance of it seeming late. If the issuing officer fails to present his side, the defendant will likely be deemed innocent and all charges cleared.
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Trial de Novo
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A trial de novo can be declared if, in the case of a trial by declaration, the defendant is found guilty. In the trial de novo, all previous evidence and rulings are declared immaterial and an entirely new trial is begun. A specific form must be submitted to request this trial; it is likely available from the court's website. In the trial de novo, the defendant will likely be required to appear in court rather than submit a declaration.
Appearing in Court
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On the official letter from the court will be a court date appearance. The defendant will go in front of a judge, and, following a specific court procedure, plead his or her case. Both sides--the defendant and the officer--will make their case and be given the opportunity to cross examine and make closing statements. At this point the judge will make a ruling. If the judge makes a "dismissed" or "not guilty" ruling, the violation is cleared. If not, then the decision can be appealed.
Appealing
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If the judge rules guilty after an in court appearance, an appeal is still possible. The defendant will have to go in front of an appellate judge and explain why the previous trial and its ruling was unfair. It is important to put together a solid case backed by legal precedent to prove this point. There is also a very specific procedure for an appeals trial that should be studied extensively so that the defendant is fully prepared. A successful appeal will result in the previous decision being overturned, but a denied appeal is likely the last word on this particular case.
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