How To Fight A Traffic Ticket

You don't just have to accept it whenever you receive a speeding or traffic ticket. While it isn't easy to fight a ticket, it can be done. Below are some approaches you can take when you're trying to get a ticket thrown out.

Contend That the Officer's Conclusion Was Subjective

In a number of states, you can try challenging the officer's opinion about what actually happened. This works better in situations where the police officer has to make a judgment call about whether you were in violation of law or not. For instance, if you get a ticket for making an unsafe turn, you can argue that the actions you took were both safe and responsible given the traffic conditions at the time. It can help if you can demonstrate that the officer was not in the best location to judge what was going on or that he or she was occupied with another task (such as driving down a busy highway).

Contend That the Officer's Observations Were Inaccurate

In many instances, the argument as to whether or not you violated the law is based on whether the judge believes your version of the facts or the officer's. If you received a ticket for failing to come to a full stop at a light, the question will be whether the judge believes you or the police officer. In most instances, arguing that the police officer is simply wrong about what he or she saw is not going to get you very far with the judge.

However, if you can get statements from passengers in your car, passengers in other cars or bystanders who support your view of what occurred, this can help you have the ticket thrown out. Producing a straightforward, well-drawn diagram that explains your opinion and shows the position of your car relative to the officer's car, the intersection and the traffic light can often help your case. Photos of the intersection can be useful, since they can show damaged stoplights, painted over signs or trees that obstruct your ability to see lights or signs.

Contend That Your Conduct Was Necessary

One useful approach when trying to have a ticket thrown out is to argue that what you did at the time was necessary. In doing this, you're not arguing that the officer is wrong about what you did. Instead, you're telling the judge that you had no choice in the matter. Perhaps you were speeding because were feeling unwell and were racing to get to a doctor or emergency room. Or you stopped on the highway because your car was malfunctioning. Maybe you swerved without giving a signal to avoid another car that was behaving erratically. If there was a reason for your unsafe driving, you might be able to argue you don't deserve the ticket.

Whatever approach best fits your situation, you'll likely benefit from a lawyer, such as Jack Weatherill Law Offices, to help you through the process. 


Share