How to Get A Traffic Ticket Dismissed In 9 Quick Steps

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By Jbrickman
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Get A Traffic Ticket Dismissed In 9 Quick Steps

Regardless of whether you are truly guilty or not, these 9 steps will guide you to a case dismissal. (It's impossible to guaranty such a result, but personally, I got off a bogus ticket following these exact steps - so they work!)

(I did this in my home state of New York. There is a chance that it's different in your state, although it seems to me to be something that would be common practice nationally.)

Dismissal - When a court dismisses your traffic violation case, you receive no penalty, and no points on your license. As far as I understand it, there are 4 ways to get your traffic violation dismissed:
- Upon recommendation by the district attorney (unlikely)
- The officer's failure to write a supporting deposition (possible)
- The officer is too lazy, too busy, or on leave, so he doesn't show up in court (very possible)
- You find a weakness in the officer's notes on the ticket (possible)

Difficulty: Easy

Instructions

Things You'll Need:

Traffic Ticket
Officer's Notes
[Not Necessary] Diagram of the supposed violation.
[Not Necessary] Photos of the location of the supposed violation.
Notes on the incident (see article)

Step 1

When pulled over and asked if you know what you were pulled over for, say no.
Step 2

When the officer explains to you exactly what you were doing wrong, say to him "I don't believe that was the case."
* Do not admit anything (you are not obligated to so). Also, be as respectful and cooperative as possible.
Step 3

Thank the officer for the ticket, go home and read the ticket thoroughly. Take note of the exact title of violation.
Step 4

Mail the court pleading "NOT GUILTY" and request a supporting written deposition from the officer.
* At this point, a lot of people write a letter to the district attorney asking for a reduction or dismissal of the violation. It is unlikely that you will secure a case dismissal from writing a letter to the district attorney. (If you were successful, you're lucky and I'm jealous.) It may be in your best interest to simply go for a reduction. But, if you want to try to get it dismissed (which involves a small hearing called a "bench trial" [no, it will not have a negative effect your record]), read on!
Step 5

If the officer fails to write the court with a supporting deposition - you're off the hook! Case dismissed. If the officer writes a supporting deposition, there's still plenty of hope, read on!
Step 6

Request the officer's notes on your ticket. According to Nolo.com, "Make a specific written request for the disclosure of all notes or documents relevant to the case [and send it to the court you have been summoned to]."1
Step 7

Look up the exact law you violated (it should say on your ticket). Read each item included in that law to see if you did indeed violate all of the conditions or just some. If you can prove that you did not violate even just one part of that specific law, you're off the hook! When you prove this in court, case dismissed. But, read on!
Step 8

When you receive the officer's notes, look for weaknesses, inconsistencies or provable falsehoods. Write brief notes for rebuttals to the officer's notes, a description of the conditions where the supposed violation took place, and you're description of the event. You are allowed to supplement the testimony you give (where you'll be referencing the notes you prepared), with diagrams and photos of the location of the violation/conditions.
Step 9

Show up to your court date a little early with your notes, looking spiffy, and being prepared to state your case. If the officer doesn't show up to be "examined", the prosecutor can not make a case and will most likely recommend that your case be dismissed! However, if the officer is there, it is common for them to only state their case from the notes they wrote on the accident. If you've prepared your notes against his, supported by diagrams and photos, and you respectfully show that there is some doubt pertaining your guilt, the judge will dismiss your case!2

Comments

dxdifr said

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on 1/4/2009 I got a ticket, and the officer did not file the ticket with the court. The court has no record of the ticket. The charge 21651a is different thatn what the officer put in the notes of the ticket. Also, the date i signed to appear in court is 1/8/08. The ticket was issued 12/13/08, making is impossible to attend unless someone invents some sort of time machine. I was planning on going on 1/08/09 to see if they call me. If they don't, i'll was just going to leave. Should i ask the judge to dismiss, or should i just wait for a new court date, and hope the officer doesn't file.

Thanks in advance

Darren

Larryrush said

on 4/2/2008 how can I beat a ticket and prove that a off duty police officer is using her possition as a detective to harrase the nehborhood with things from parking on her side of road to where your garbage cans are located to my tickect saying I was riding my harley up and down the street reving my engine to make loud engine noises(I paid 30 grand for my harley) why would i want to abuse such a expensive bike just to provoke her?? yes its all leagle exhaust and beats fed.&state guidlines.she has allready had harrasment charges on her but not sure of the details..

torque63 said

on 3/28/2008 I've been pulled over for speeding only a couple of times and found that being cooperative and polite with the officer goes a long ways. I left with only warnings and could have received a ticket. Prevention is the cure for speeding tickets, if you feel the need to speed, don't go more than 5 over. If you drive a sports car you are more likely to get that ticket, that's the way it is.