Traffic Tickets – Building a Better Defense

Building a better argument to fight against your traffic ticket will increase your chance of success. Objective evidence, pictures, research from the scene, diagrams and witnesses can bolster your chances of winning your case. You will have an opportunity to cross-examine the police officer, so be prepared with questions that support your evidence and maintain a professional attitude.

Here are a few suggestions to strengthen your defense against the most common violations:

Speeding

Bring proof that you were not speeding, such as:

  • Testimony from impartial witnesses;
  • Facts showing the officer did not see you speeding;
  • Facts showing it was physically impossible to speed;
  • Testimony from a car mechanic stating that your car's speedometer was faulty;
  • Speed/distance-traveled analysis: Examine the police officer and ask him to tell the court how fast you were traveling. Then perform measurements to show at 35 mph, for example, you could not have traveled from point A to point B.
  • Proof that others drivers passed you; they may or may not have been speeding, but it is more likely that you will be passed if you are not speeding (this argument rarely works unless you have additional evidence to substantiate your claim); or
  • Testimony from a qualified expert contesting the radar gun reading.

 

Running a stop sign

Bring proof that you did stop. This can include:

  • Testimony from impartial witnesses;
  • Facts showing the officer did not or could not see you stop;
  • Facts showing exactly what you did to stop;
  • Pictures showing facts;
  • Speed/distance-traveled-when-stopped analysis: Examine the police officer and ask him to tell the court how fast you were traveling. Then perform measurements to show at 35 mph, for example, you could not have traveled from point A to point B.

 

Parking/registration violations

For parking/registration violations, it almost never pays to hire a lawyer. You also should consider whether you want to invest your time in fighting a parking ticket, especially if you will have to miss work to appear in court.

If you decide to proceed, build your case with diagrams and photographs showing that the parking signs were unclear or absent. You may want to research the parking ordinances in your city.

 

Tickets related to accidents

Tickets related to car accidents can be serious because they help to show the fault of one party. However, tickets are not dispositive, meaning that it is not necessarily conclusive evidence that the person receiving the ticket was violating the law (a ticket is the officer's opinion that the law was broken.) In a "fender bender" this may not be a problem, but in a serious injury or death accident, a ticket can be used to help establish liability. Liability becomes a factor when the injured party seeks monetary damages or a settlement. At the scene, try to avoid being given a citation that faults you for the accident. You also should consider talking with an experienced attorney about potential liability.

If the accident was not your fault, but you received a citation, you should hire a lawyer as soon as possible. A lawyer can help you:

  • Preserve evidence in the form of witness statements;
  • Investigate the accident scene;
  • Document evidence; and/or
  • Negotiate with your insurance company and get them to consider denying liability.

 

Remember, member services are always ready to assist you with finding the right attorney if you need further advice or consultations about your moving violation, contact us!

Posted in: Consumer Rights