Legal experts advise drivers to gather evidence and interview witnesses to fight traffic fines in court. It’s important to understand the severity of the charges and consult with the prosecutor or clerk’s office. Serious traffic violations may require the help of a professional solicitor. Photographs and diagrams of the scene can be helpful, and the officer’s testimony may not always be reliable. Drivers with clean records may choose to fight their first ticket, but those with previous tickets or weak defenses may want to pay the fine or work out a plea deal.
Many drivers assume they can’t fight a ticket because the justice system often seems to side with the police department. The word of the officer issuing the fine would carry significant weight in a trial, and traffic court judges rarely make lengthy defenses. To successfully fight a fine, you’ll need to gather evidence, interview witnesses, review official documents, and take uncompensated time off work. But a number of legal experts say a driver who can clearly present a compelling argument should make an effort to fight the fines in court.
During a traffic stop, a driver should remain courteous but careful. This is not the time to protest the unfairness of the officer’s decision or to discuss the specific details of the alleged violation. The ticket itself should provide enough information about when to appear in court and what the standard fine would be if the driver chose to waive all rights to a trial. Some legal experts strongly discourage cited drivers from sending the ticket along with a check for the fine. The fine amount printed on the ticket is often a maximum amount, so if the driver decides to fight a fine and still loses, the judge may be inclined to order a smaller fine.
There are essentially two different types of traffic violations, so it’s important to understand the severity of the charges listed on your ticket. Violations that will only result in fines or penalty points on the driver’s license are considered civil infractions. Unless a driver has a very convincing defense, it is almost always best to consult the prosecutor or the clerk’s office to plead a civil misdemeanor. If a driver is most likely guilty of committing a minor civil infraction, such as failing to signal a lane change or stopping on a roundabout, there isn’t much reason to fight a fine in court.
The second classification of traffic offences, on the other hand, could be another story. More serious traffic or speeding violations are considered traffic violations, a designation that adds a criminal court element to the prosecution. If a driver is cited for a traffic offense, he may be worth fighting the fine in court. The advice, if not necessarily the presence in court, of a professional solicitor could prove very helpful when accused of a traffic offence. The charges could be reduced to a civil misdemeanor, which would be a much better outcome than jail time or loss of driving privileges.
Legal experts suggest that a driver planning to fight a traffic ticket should take the time to photograph the scene of the stop from the perspective of the driver and the police officer, as well as provide an accurate diagram of the scene. Hazards such as fallen branches or potholes must also be documented. It can be argued that a driver’s actions were justified by the circumstances, such as swerving to avoid road debris or accelerating to avoid a collision. The officer’s point of view on the alleged violation can also be disputed. If the officer’s view was obstructed by another vehicle, for example, the driver could argue that the officer could not see a turn signal or a hazard on the road.
There is also the possibility that the officer will not appear in court to give testimony. In a number of courts, the judge can dismiss the charges outright if the prosecutor cannot produce a witness. A driver who decides to fight a fine, especially a more serious traffic offence, should not anticipate such an absence. In some cases, a case may be continued or carried over to another date, which increases the chances that the officer will have other obligations on that new date. Also, a driver should not rely on a police officer’s selective memory of the incident. Even if the officer is unable to provide full details of the alleged violation, he is still regarded by the court as an objective witness, while the driver has sufficient motivation to distort the truth or manipulate the facts.
In short, a driver who has been cited for a traffic violation or other traffic violation has the right to fight a fine in court, but the justice system doesn’t make the process very easy. Drivers with clean driving records may choose to fight their first traffic tickets, since the judge and prosecutor cannot use previous misconduct as leverage. If the driver has previous tickets or can’t present a very strong defense, it may be best to simply pay the fine or work out a plea deal with the prosecutor.
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