How to Defend Yourself in Traffic Court
You received a traffic ticket and you're technically innocent until proven guilty. It's time to plead your case in front of a judge and face a prosecutor in a court of law. While certain circumstances can win you a quick dismissal -- such as if the police officer fails to appear -- you should still collect evidence in your favor and appear on time if you want to defend the charge. While defending a traffic ticket can be challenging, you may want to hire a lawyer to defend you if you're guilty as charged.
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Instructions
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Notify the court as soon as possible after you receive your traffic ticket that you want to defend it and confirm the trial date. Request a copy of the police report from the police department, as well as any test results, such as from a breathalyzer, radar or laser. Arm yourself with copies of witness statements, if there are any, and examine any statements that may hurt or help you.
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Photograph the scene where you received your traffic ticket and make a scale drawing of what happened from your point of view. If you were caught speeding, take pictures of traffic signs to prove what the speed limit was in that zone. Plan to ask for compassion if you were unfamiliar with the area or its speed limit. If you believe your odometer was malfunctioning, get a mechanic to check it. Obtain a written statement from him if it'll help your case.
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Locate any witnesses who saw what happened who can testify to your advantage. Check with the police department to find out if there was a camera on the traffic light, and order a copy of the tape. It's possible the police officer pulled over the wrong guy if the car in front of you or in back of you was the one actually speeding. Sometimes a case of mistaken identity -- such as cars that look alike -- can be used as a defense to get a charge thrown out.
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Show up in court on the day and time indicated on your traffic ticket. Be well-groomed and wear clean, appropriate clothing. Avoid wearing jeans, shorts, t-shirts, flip flops or sneakers. Go in there with a positive attitude and speak in a clear, concise voice. Be courteous and polite and address the judge as "your honor."
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Listen carefully to the evidence presented by the state and take copious notes. If the police officer, the prosecutor or the state's witnesses say something contrary to the violation you're charged with -- or if there are any weak points in the state's case -- you can cross-examine them. Use the evidence you collected to prepare your defense to formulate your questions and prove your innocence. Keep your questions short and to the point and allow them to answer without interrupting.
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Take the stand and be ready for the prosecutor to ask you questions. You don't have to testify on your own behalf if you choose not to. Stay calm and ask the prosecutor to re-state any questions you don't understand. Don't argue with the prosecutor as it may hurt your case.
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Plead for leniency from the judge if your motor vehicle record is less than stellar. Ask that a moving violation be reduced to non-moving to avoid getting points on your insurance. Some judges will reduce the charge or throw it out altogether in exchange for attending a safe driving course if you have a good driving record.
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Tips & Warnings
Your case could be dismissed if the police officer who issued you the ticket doesn't appear.
Read the vehicle code or ordinance for the municipality where you received your traffic ticket and compare it with the charge.
Obtain a legal aid kit from the National Motorists Association to help you through the process of defending yourself against a traffic ticket.
Avoid being antagonistic or argumentative with the judge.
References
Resources
- Photo Credit US Supreme Court image by dwight9592 from Fotolia.com
