Beating Traffic Tickets

In each state of the United States there are a number of driving violations, commonly known as traffic violations or moving violations, for which the police may issue you a traffic ticket or traffic summons. The penalties imposed upon you will depend on whether your traffic violation is defined as an infraction, misdemeanor, or felony.

Infractions are treated as quasi-criminal conduct rather than actual crimes and are punishable only by imposing a fine upon the driver. A misdemeanor is treated as criminal conduct which is generally punished by a fine, but may carry stiffer penalties such as license revocation or jail. All non-moving violations and most moving violations fall into the category of infractions. Misdemeanors involve excessive speeding, recklessness, intoxication, or multiple unanswered violations which is commonly referred to as scofflaw violations. Traffic violations of a serious nature can fall into the category of felonies. Felonies carry serious jail sentences. Such conduct includes severe intoxication or extreme recklessness, and such tickets are rarely issued.

Traffic violations that result in traffic tickets can be divided into two types - moving violations and non-moving violations. Moving violations occur when the vehicle is in motion or the vehicle is not in motion but the keys are in the ignition. The key in the ignition rule allows police to arrested drivers parked on the side of the road that have passed out from intoxication; and are thus not actually driving. Non-moving violations occur when the vehicle is not in motion and the keys are not in the ignition. Moving violations are always more serious offenses.

There are various ways to avoid receiving traffic tickets and to win your case in traffic court (thus avoiding fines and points on your driving record).

You always have the option of contesting your traffic fines via mail (declaration by mail). Due to the complex legal process involved in the entire process, the court may simply choose to dismiss the charges if you prepare a solid case with supporting evidence.

• • Always note the due date assigned for turning in your declaration by mail. Remember to send in your declaration by this date. Furthermore, always request a supporting deposition or affirmation by the police officer. This is generally done by checking a box on the traffic ticket. If the traffic officer fails to turn in relevant paperwork by this date, the charges may be dismissed. This is not uncommon in many jurisdictions where police officers are too busy to prepare such paperwork.
• • Do not immediately plead guilty or pay the fine. Plead not guilty and prepare a valid defense to fight the ticket by mail. This is done by checking all the details of the scene including any factors affecting your driving behavior. This includes weather, darkness, or obstructions in the road. Any factors that might have caused the police officer to make a mistake may work for your defense.
• • Do not be afraid to fight the ticket because you cannot get a fine or penalty greater than the fine or penalty you would have received if you plead guilty. At the very least you will be heard by an official of the court. No matter what the outcome this is a moral victory. In the best case scenario the police office will not show up at the courthouse, and the judge will be forced to dismiss the case for a lack of evidence.
• • If are convicted after all, don’t worries! Your fine is no higher than the original amount and you may be able to attend traffic school to avoid getting points on your record. Depending on the last time you received a moving violation, you can even have points removed from your record in some states.
• • Your next option is to set a court date and fight the ticket in front of a judge.

You have to think carefully about fighting the charges levied. You might want to consider the expenses involved, especially if you need to take time off of work and make arrangements with your family. If the expense is really high, it might be more advisable for you to focus on getting the charges dismissed or reducing the fine.

Pleading Not Guilty in Court

• • You can choose to have a lawyer to fight your case in court though this is not necessary for minor traffic offenses.
• • Always collect as much information as you can, including photos if possible.
• • You can always meet with the prosecutor separately before the hearing and come to a compromise which might lead to charges against you being dropped.
• Arrive at the courthouse a little early to go through security and find the court room.
• • Witnesses will definitely help your case. Ask questions that require clear and straight answers.
• • Make sure to note down the prosecution’s side of the case and if anything does not match the details on your ticket, you can bring these facts to the judge.
• • If it is obvious that you are not at fault, the charges will be dismissed. However, if you’re found to be guilty of the crime, it is best to pay the fine and end the whole episode.
• • If you fail to pay your fine or complete your jail sentence within the time allotted, the court can suspend your driver’s license and you will not be allowed to renew your car registration. Do not let this happen.