How to Determine if You Should Fight A Traffic Ticket

Some citations can be successfully contested.

A traffic ticket is embarrassing, it costs money, can adversely affect your auto insurance and in some cases may result in revocation of your driver's license. While in many cases a challenge is hopeless, you don't always need an outright dismissal to improve your situation. Even if the ticket was deserved, it's worth your time to examine the alternatives.

Instructions

1. Check the citation for inaccuracies. Ensure that the facts as alleged, including the date and location of the offense, are correct. Review the statute number to verify you've been charged correctly.

2. Return to the location of the incident and photograph the setting. Include photos of the place where the officer was at the time he observed the offense and decide if you can reasonably refute the officer's assertion that he was able to see what is asserted in the citation.

3. Consult with a reputable attorney. Evaluate whether hiring counsel is cost effective. Question the attorney regarding his experience and inquire about possible ways to challenge your case. Picking his brain may give you ideas on how to proceed if you decide to handle it on your own.

4. Contact the clerk of court and determine the procedure for challenging the citation. Ascertain if there are alternatives, such as traffic school, that may help reduce the negative impact of the citation on your driving record. Consider attending traffic school even if you decide to challenge the citation so that you can use this as mitigation if the court finds you guilty.

5. Ask the clerk of court for a hearing date. Review the law and determine what the prosecutor needs to prove. Make a written request for permission to review the evidence (if permitted in your jurisdiction) well in advance of your hearing date. Prepare a list of matters that you believe can be challenged in court, decide how you plan to do so and ensure that you have subpoenas issued for any witnesses you require.

6. Try to make a deal. Plan to appear early on the day of your hearing so that you can speak to the prosecutor. Ask if he's willing to discuss negotiation. Remember that a reduced punishment is an acceptable goal.

Tips & Warnings

• Minor discrepancies in the citation won't win the day for you, but an incorrect date or statute number are significant errors and should be challenged.

• In cases where it is your word versus the officer's, the court will frequently accept the officer's testimony unless you have a witness available to support you. Subpoena all necessary witnesses for your hearing date, as even friendly witnesses may forget to appear.

• Finally, many jurisdictions give the judge discretion to withhold points from your driving record or dismiss the case in exchange for sending the offender to traffic school. If all else fails, you can always plead no contest and show the judge that you've completed traffic school.

• In minor cases, hiring an attorney isn't cost effective. Traffic court can be complex, however, and hiring competent, experienced counsel, particularly when you're facing extreme sanctions, will help you avoid expensive mistakes.

References

• Edmunds; Your Day in Traffic Court; Reed, Phillip; November 29, 2005
• Edmunds; Your Day in Traffic Court, Part 2; Reed, Phillip; August 25, 2009