How to Prepare Your Defense for Traffic Court

You've studied the traffic law you're said to have violated, determined that you have a legal defense, and learned the court's procedures. It's now time to prepare and practice for your appearance before the judge and, perhaps, a jury.

Instructions

Difficulty: Easy

Things You’ll Need:

• Notes
• Diagrams
• Paper
• Pencils
• 3x5 cards
• Business clothing

1. Go over the notes and diagram you made (hopefully) shortly after the incident. Analyze the facts and how they relate to the law.
2. Make a large, formal drawing of the scene and have photos blown up to 8 by 10 inches if they will help explain the situation.
3. Prepare your testimony and place the key points on 3 by 5-inch cards. Practice reciting your testimony until you can go through it smoothly.
4. Ask a friend who is willing to critique you to listen to your testimony. Have him interrupt you to ask you questions (as judges often do). Keep practicing with him and others until you feel comfortable and are able to convince them that you are innocent.
5. Meet with your witnesses (it's perfectly legal!). Discuss and write down what they will say.
6. Have witnesses practice giving a narrative, and write questions to ask if a narrative isn't allowed. Urge them to tell the truth, to refrain from embellishing facts, and to admit they don't know when that is the case.
7. Subpoena your witnesses who are unreliable or who need the document to be absent from school or work.
8. Write down questions a prosecutor might ask you in cross-examination. Practice answering these and other questions posed by a friend who's able to be objective and penetrating.
9. Carefully write cross-examination questions for the ticketing officer. Start with general questions and work up to very specific questions dealing with your ticket. Ask questions that demand a "yes" or "no" answer or a brief, factual response rather than questions that give the officer room to state an opinion or bring up irrelevant information.
10. Keep in mind that your purpose in cross-examining the officer is to demonstrate that there is a reasonable doubt that you are guilty or to have him admit that you did not violate every element of the law; that he was not in a position to see your vehicle clearly; or that he misinterpreted the situation.
11. Write your questions on 3 by 5 cards, leaving space for notes during the trial. Ask a friend your cross-examination questions, practicing in particular becoming flexible enough to change the order of questions or omit questions in response to the officer's testimony and answers and working on dealing with evasiveness.
12. Prepare, memorize and practice brief opening and closing statements, and write the key points on 3 by 5 cards. You may not get to use them, but they will help you focus on the essentials of your case.
13. Take your suit to the cleaners and take a deep breath. You're ready for trial.

Tips & Warnings

• See the Related eHows to determine if you have a case and to learn about traffic court procedures.
• Books such as Nolo Press' "Beat Your Ticket: Go to Court and Win!" by attorney David Brown give details and provide cross-examination questions directed toward specific traffic violations.