If you're received a traffic ticket, you're also probably thinking about fighting it. You might want to hire a traffic law attorney and demand your day in court, but should you? Anyone considering whether they can beat a ticket should consider these four scenarios where fighting a ticket may be worthwhile.
You Are Confident You Did Nothing Wrong
People are often attuned to accepting the police officer's word they did something wrong. However, if you're confident you weren't speeding or didn't commit some other violation, you have every right to go to court, demand an explanation, and ask the judge to drop the charges. The police could have identified the wrong vehicle, for example. You can go to court and demand the evidence that backs the cop's claim. If the state can't prove the case, then a traffic ticket attorney will ask the court to throw out the case.
The Cop Couldn't Have Seen What They Claim
Officers do sometimes guess or make assumptions. Maybe a car behaved a certain way. When they pulled the driver over, the officer was then certain the motorist behaved in a guilty manner. Police depend more on their professed cop sense than they'll admit.
Once more, make them produce the evidence to support their case. You have the right to demand the discovery of any dash or body cam videos, radar gun readings, equipment maintenance logs, and other bits of alleged supporting evidence.
You Face Additional Penalties or Problems
Not all traffic ticket cases are about the points on a driver's license. A person might be at risk of losing their license due to a previous DUI or high-speed offense, for example. Similarly, some states are very strict about commercial drivers' performance, even when they're driving in non-commercial settings. Likewise, many people can't afford the increased insurance rates associated with traffic violation convictions.
Just because you're sure the cop caught you doesn't mean you don't have the right to fight the charge. You should never assume the police caught anything. Make them prove their case. It might seem like a fishing expedition, but using a tool like the discovery process may turn up something surprising. If you can't afford to lose your license, it may be worth a shot.
There Were Obstructed Traffic Control Devices
Anything that tells you what to do while driving is a traffic control device. This goes beyond traffic lights and includes everything from signs to the lines on the road. If you couldn't see a speed limit sign, for example, because the DoT hadn't trimmed the bushes near a highway, you have grounds to fight a ticket.