3 Ways of Fighting a Traffic Ticket

Law Blog

Many states treat a traffic law violation as a crime. When you get a traffic ticket for violating traffic laws, you will probably be required to pay a fine, and your driver's license may be suspended for a while. If you have been cited for a traffic violation, read on to learn three ways of disputing the ticket.

Justify Your Driving Behaviour

A good strategy for fighting a traffic ticket is admitting that you breached the traffic laws and presenting a fact that justifies your illegal driving. Instead of disputing the police officer's statement, you will be showing the circumstances that caused you to break the traffic laws. For example, if you are cited for exceeding the required speed limit for a particular road, you can excuse your behaviour by presenting evidence that shows that you were overtaking a drunk driver. In such circumstances, your speeding can be pardoned because you were preventing an accident.

Dispute the Evidence Presented by the Police Officer

There are some tickets where an officer's discretion cannot be questioned. These are clear cut tickets like an illegal U-turn or running a stop sign. When challenging this ticket, you should prove that the officer did not see you perform the action indicated on the traffic ticket. There is evidence you can present to help question the observations of the police officer. Some of the arguments and proof you can present are the following:

  • Eyewitness statements
  • Diagrams that show the position of your car and that of the police officer. For example, you can argue that the police was not in a position to see you run a traffic light since he was too far behind to be able to see your car properly.
  • Photographs of the area where it is alleged that you violated a traffic law. For example, you can use a photograph to show that a traffic light was not functioning, or a stop sign had been obscured during the incidence.

Dispute the Violation Based on "Mistake of Fact."

In many states, the judge will toss away tickets such as running a red light based on the argument that you committed a "mistake of fact". A "mistake of fact" refers to a scenario where a driver makes an error of judgment. For example, if you are driving on two lanes because you cannot see the lane markers (they are totally worn down) this qualifies as a "mistake of fact". Another example is a situation where you fail to stop because the stop sign is missing- it has been blown away or wrecked. For more information, contact a firm such as Russo Lawyers.


16 December 2015

Fact And Fiction: Accurate Information About The Law

I love reading novels that involve complex legal cases. I particularly enjoy those that are told from the defendant's viewpoint, but any well-written legal fiction will capture my imagination. My interest comes from being a court stenographer when I was much younger and seeing the dramas in real-life! Nothing irritates me more than a novel which includes legal fallacies. Fiction or not, I am a stickler for accuracy. I like to do research and check if a court case in one of my novels could play out in real life. It has become quite a hobby and I spend a lot of time in the law section of my university's library. I'm sure there are other people who are interested in the law for various reasons and I would like to share some of the knowledge I've gained. I hope you find my blog fascinating and worthwhile.