How to Fight Traffic Citations
Getting a traffic citation is never an enjoyable experience. This is especially true when you feel the charge was unwarranted or unfair. Traffic tickets can demand payment of fines, send you to driving school, increase your insurance costs, and even cause you to lose your driver's license. Fortunately, there are ways to fight traffic citations.
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Instructions
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Speak with the officer politely. When pulled over, the officer will be more likely to let you off easily (with a less costly fine or a warning) if you avoid conveying contempt and anger. Do not make up excuses on the spot nor admit to guilt in any way. Your best chances for avoiding or successfully fighting the citation generally lie in saying as little as possible aside from explaining that you were unaware of the violation you may have committed.
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Read the citation fully. Before the officer takes his leave, scan the citation's notes and politely ask the officer to correct any specifics that are incorrect, especially if they could would potentially hurt your case. Later, be sure to read the full text thoroughly to be clear on the nature of the accusation.
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Take notes on the circumstances of the citation to strengthen a potential case against it. Note the exact location where you were either pulled over or issued the ticket, road conditions, traffic conditions, weather conditions, where the officer was located when the traffic violation was supposedly spotted, and any possible obstructions to the officer's view. If any relevant traffic signs or lights were obscured or missing, note and photograph them to strengthen your case.
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Obtain the evidence against you. Whether by a written request for discovery (the legal process whereby each party in a dispute can request documents and other evidence from the other party) from the prosecutor's office or through a public records request, gather the relevant facts. You are entitled to know the details of the prosecution's case against you. These may include the officer's professional records, calibration records for speed-monitoring devices and breathalyzers, or the officer's own copy of the ticket (the desired information will vary depending on your particular citation).
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With the facts all in, decide whether fighting your citation is worth the effort and risk. If the fine amount is not written on your ticket, call the local traffic court to get this information. Also determine how the citation could affect your driving record and your car insurance rates. Weigh your options in terms of the time, money, and effort spent in fighting the citation versus simply complying with the fine, as well as the likelihood of having the charge dismissed based on the evidence gathered for and against you.
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Appear for your court date prepared with your case. Come dressed nicely and looking professional, and explain your position clearly. Plead "not guilty" and avoid stating anything that will admit your guilt, unless you can explain your violation of the law as being due to missing or obscured traffic signs or evasive action in order to prevent or avoid an accident.
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Comply with the court's requirements. If your case is strong, the penalties of the original citation may be reduced or dropped completely. Take the required action promptly to avoid a reversion to the full charges.
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Tips & Warnings
Ask for a continuation for your hearing. Officers generally schedule their court hearings for the same day for convenience, so if you are granted a continuation (a rescheduling of your hearing) then it becomes more likely that the officer will not show up. In many instances, your case will then be dismissed.
