How to Defend a Traffic Citation
Defending a traffic citation is a common process that is often mishandled through lack of preparation and a misunderstanding of the proper way to approach the problem. There are times when many of us break the speed limit for one reason or another, however, there are also times when tickets are issued and we are not at fault. Fortunately, there are a series of guidelines that will help to give you the best possible chance of successfully defending yourself from a traffic citation.
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Instructions
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Determine whether your state speeding laws are governed under "absolute" or "presumed" speed limits. Absolute speed limits mean you are breaking the law when you go even 1 mph above the speed limit. In states with presumed speed limits, you are only presumed to be breaking the law if you are speeding. States with presumed speed limits make defending a traffic citation much easier.
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Prepare thoroughly for your court appearance. Proper preparation includes performing a discovery, or a search into the officer's notes and maintenance records for any radar equipment that was used to catch you speeding. Look for any errors made by the officer and take copies if any exist. Take photos of stretches of highways that may have prevented you from seeing posted speed limits or the police vehicle that issued the citation. Anything from heavy traffic conditions to obstructed signs can help your case.
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Determine your general defense against the officer. Any of the following claims can help your case: You were going under the posted speed limit, you were driving above the speed limit but under safe conditions (only in a presumed law state) or there was light traffic and you were moving above the speed limit with no danger to yourself or others (also only works in presumed law states).
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Go to court on your assigned date and tell the judge your story. Provide any evidence that you have collected that can corroborate your story and explain why you believe the citation is wrong. Respect the judge's decision regardless of the outcome--you never know whether you may be back in the same situation again.
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