How to Fight a Traffic Violation in Court

Parking tickets and speeding tickets can feel monstrously unfair. Many police offices have set quotas for their tickets, and will cite a driver on the flimsiest of excuses. The bad news is that fighting a traffic violation is rarely easy. Courts tend to give the benefit of the doubt to the officer and if he says you did it, it's a tough rap to beat. The good news is that this is still America, and if you truly feel you received a traffic ticket in error, you can get your day in court to fight it.

Instructions

1. Do not make any statements of culpability when the officer first gives you the ticket. Ask what you did wrong, and say nothing when the officer tells you the answer. Accept the ticket, but don't tip your hand in any other way.

2. Start preparing your defense immediately. Note the time of day, the traffic at the time, the weather, and any other details which may strengthen your case. Write them down as soon as you get home; while they are still fresh in your mind. If you have time, check the site where you were pulled over to see if the officer's view may have been obscured or the pertinent traffic sign was hard to see. Take pictures with a camera or cell phone if you can.

3. Examine your ticket closely to see if there are any inaccuracies or omissions which could help your case. A mistake in the paperwork may lead to a dismissal in court.

4. Ask yourself if you want a lawyer. For minor violations, this option is likely a waste of money, but if the charge involves a serious fine or jail time, you probably will want someone intimately familiar with traffic laws on your side.

5. Refuse to remit payment (which is basically acknowledging your guilt and paying the fine), and instead, ask for a trial date. Check your ticket and follow the precise steps it lists to formally challenge the citation.

6. Write a request of discovery to the prosecutor or a motion of discovery to the judge (this will depend on the laws in your particular errors). Making a formal request allows you to see copies of the evidence against you, which you can then analyze and check for flaws. You usually need to ask for specific pieces of evidence, so prepare a solid list of what you require: breathalyzer tests, the officer's records, the calibration records of the speed gun, anything you think can strengthen your case.

7. Prepare your defense. Write down each part of your case, point by point, and determine how exactly you will present it in court. Stick to logic and facts wherever you can, and be ready for the prosecutor to try and tear your arguments down. You should also be prepared to refute the prosecutor's own arguments when he makes them.

8. Ask for a continuation of hearing. This is a subtle way of getting the charge dismissed, though it doesn't always work. The citing officer often sets a specific court date in order to group as many traffic violations into a single day as possible. That way, he can just show up in court and handle all of them in one go, instead of coming back multiple days. If you get a continuation, it may be set on a day when he doesn't have to testify for any other traffic citations. He might not show up, and if he doesn't, the citation will be dropped.

9. Plead not guilty. That is the only plea you can register which will let you fight the violation properly. Anything else is essentially an admission of guilt and will result in the fine you are presumably going to court to avoid.

10. Present your case as thoroughly and thoughtfully as possible when you get to court. Lay out your arguments one by one, and stick to facts rather than impressions. Be prepared for the prosecutor's arguments and seek ways to refute them if possible.

Tips & Warnings

• For minor traffic violations, consider the time and money it will cost to fight the ticket in court. If it costs more than you're willing to pay, you may just want to acquiesce and pay the fine. It might not be fair, but it saves you further aggravation and lets you get on with your life. Be polite and professional in all your dealings, both with the citing officer and in the courts. Use logic in your arguments and never lose your temper. You don't want to appear unreasonable, even if you feel genuinely wronged. When preparing your defense, don't expect the rules to be bent. You may have only been going 32 in a 30 zone, but that's still breaking the law. Don't depend on vagaries or "it was just a little slip" to get you off. Stick to the letter of the law and plan your arguments accordingly.