How to Decide Whether to Fight a Traffic Ticket

You've received a traffic ticket that doesn't seem justified or that's going to gravely affect your driving record. Is it worth the time, energy and, perhaps, costs to contest the ticket?

Things You'll Need

• Written copy of the law

Instructions

1. Study your ticket and look for the traffic law that the officer claims you violated. It'll be handwritten, or a box will be checked off on the ticket.

2. Look up the specific motor vehicle law at a public, college or law library, the courthouse or on the Internet. Make sure it's the most current version of the law - that it hasn't been updated.

3. Make a copy so that you'll be able to go over it carefully.

4. Break the law down into understandable phrases, or "elements." Most laws will read: It is a violation to do this and this in this and this type of area under these and these conditions. Each will be an element of the law.

5. Ask yourself if you violated every element of this law. If you did not, you will have a case.

6. Look up other, similar laws and the most recent cases if yours is a complex issue and to see how judges have interpreted the law.

7. Consider other defenses. Was your vehicle out of the officer's view? Was it a case of mistaken identity or misinterpretation of what happened?

8. Determine if, in fact, you violated the law, but had a legal reason for doing so. Did you have to take evasive action to avoid an accident? Were traffic signs obscured or missing?

9. Find out how much the fine will be if you decide not to challenge the ticket. Call the traffic court if the amount is not printed on the ticket or if the fine is based on prior driving tickets.

10. Find out how paying the fine - in essence, "pleading guilty" - will affect your driving record. How many points have you accumulated in what span of time? How many points does your state allow before your license is suspended?

11. Call your insurance company and ask if the ticket will raise your insurance rate. You may call anonymously and say that you're comparing insurance companies and would like to know how both good driving records and tickets affect premiums.

12. Find out if you are eligible to attend traffic school. You might still need to pay the fine as well as traffic school fees, but the ticket usually does not show up on your record and is not reported to your insurance company.

13. Weigh the facts and consider the alternatives: your being able to present a defense, your being able to attend traffic school, and your costs in time, effort and money if you do or do not fight the ticket.

Tips & Warnings

• Officers do not show up in traffic court about 20% of the time. In many jurisdictions, the case is dismissed if the officer who issued the ticket is not present in court.

• Speeding, the most common violation, is sometimes governed by laws that seem contradictory. Some posted speed limits can be legally exceeded under certain conditions. Too, the equipment or method of clocking your speed may be challenged. Books such as Nolo Press' "Beat Your Ticket: Go to Court and Win!" by attorney David Brown provide specific information.

• If you're considering fighting the ticket, before you forget details, write down your version of what happened and the driving conditions at the time; go back to the scene to view it from the officer's perspective, take photos, if warranted, and draw a sketch; and get the names and other information from witnesses who can support you.

• If the ticket was the result of a traffic accident, if the penalty involves jail time or a hefty fine, if you are in danger of losing your driving privileges, or, particularly, if you are charged with a felony, consult an experienced attorney who specializes in traffic law at once. It still usually pays for you to do your homework and study the law before giving an attorney a large retainer fee.

• Be sure that your jurisdiction accepts traffic school online in lieu of personal attendance if you choose this option.

• Be aware that signing up for or starting traffic school could also prevent you from pleading "not guilty" and asking for a trial.

• Each state's traffic laws and procedures are different to some degree. Some laws vary within the state as well.

• Defenses that don't work include: "I was singled out, everybody was speeding," "The officer is lying," "I didn't know the law," "I didn't hurt anybody," and "I was racing to (some not-so-dire emergency)."