How to Contest a Traffic Control Ticket
- 1). Challenge the officer's perspective while he is still present at the scene of the violation. For instance, if you are given a ticket for making an unsafe left turn, you could argue that you made the turn in a safe and responsible manner in view of the prevailing traffic conditions. If the officer was not at a good angle to clearly view what took place, argue that point, but always in a respectful manner.
- 2). Support your viewpoint. Enlist the help of witnesses present who will back up your perspective. Ask witnesses to write down statements, or whether they would be willing to support you in court, and be sure to get their contact information. While still at the scene, take photos with your cell phone of the area and road conditions and/or make simple diagrams which depict where your car and the officer's vehicle were, in terms of key events, traffic lights, and other vehicles. Drawings may be particularly helpful for violations involving intersections, such as stop sign offenses and right-of-way issues. Photos may reveal obscured stop signs or other physical proof that support your argument. Such supportive evidence may create doubt regarding the officer's judgment, especially if you can prove that he couldn't see what happened clearly from where his vehicle was situated.
- 3). Examine your traffic ticket closely. You are looking for the exact offense you have been charged with, usually by a code. It is typically not necessary to hire an attorney for a first minor traffic violation if you are not at risk of losing your drivers' license, and when your insurance rates are not likely to increase as a result of a conviction. However, even if you have a clean driving record, it could be in your best interest to retain counsel for any traffic misdemeanors.
- 4). Learn what kinds of responses you are entitled to make. Civil violations are usually managed by entering a plea by mail or by scheduling a court appearance, where you will get a chance to plead your argument to a judge or magistrate. You may also be afforded the chance to simply plead "guilty with an explanation" by mail or in court, so be sure to read all the information on your ticket.
- 5). If you defend yourself in court, try to show that your actions were legally justified or necessary to avoid harm. For example, you had to stop on a freeway when your car started making loud noises because you were afraid you might put others in danger if you didn't stop your car to see what was wrong with it. If you didn't signal when changing lanes, perhaps it was because a bee or wasp flew in through your window, or you drove past the speed limit due to chest pain on the way to your doctor's office. Perhaps you had to cross a double line to miss colliding with an animal or other vehicle. Be sure not to use flimsy excuses, such as you were otherwise preoccupied or late for an appointment.
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