how do i argue a traffic ticket in court when a family member works for the city attorney

To argue a ticket, you need to appear in front of the judge and either convince them the ticket shouldn’t have been written, or plead not guilty and be given a mini trial. The court will not accept testimony via a phone call or letter. Without testimony you cannot fight the ticket.

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Can a lawyer fight a traffic ticket on your behalf?

Here's how to fight your speeding or traffic ticket. When you get a traffic ticket, it basically means you're accused of violating a traffic law. But the government can't penalize you for the violation unless you're actually convicted (either by admitting the violation or being found guilty at trial).If you're considering fighting your ticket, here are some strategies you might want to consider.

Do I have to pay court costs to fight a ticket?

Another way to have a ticket dismissed or reduced is to attend traffic school. This is not always an option, and usually you can only attend traffic school once a year, but it can still be a good option because it's easier than going to court to fight the ticket. Plus, you can usually attend traffic school from the comfort of your own home.

Is a traffic ticket considered a criminal violation?

A court may dismiss an individual’s traffic ticket if they can show that their actions were a direct result of attempting to avoid harm to themselves or others. For example, if an individual has to swerve across the double yellow lines in order to avoid hitting an individual riding a bicycle.

How do I go to court for a traffic ticket?

Apr 09, 2020 · 4. Argue that Your Driving Was Justified. Another way to fight traffic tickets is not to deny or point out mistakes in the ticketing process, but rather to admit to the illegal driving but present another fact that makes the illegal driving justified and allowable. This is a great way to fight a ticket because you do not have to dispute the ...

Challenge The Officer's Subjective Conclusion

In many states, with many tickets, it's possible -- and sometimes even fairly easy -- to challenge the police officer's view of what happened. This...

Challenge The Officer's Observations

In cases where your state law requires an objective observation by the officer (not a judgment call about whether your action was safe), it often b...

Prove Your Conduct was A "Mistake of Fact"

Judges are allowed some leeway in considering circumstances beyond your control. If you can show that you made an honest and reasonable error, a ju...

Prove Your Conduct was "Legally Justified"

You may also successfully argue that your actions were "legally justified" considering the circumstances of your alleged violation. For example, if...

Prove Your Conduct was Necessary to Avoid Harm

Emergencies not of your own making are often another legal "necessity" defense, recognized in all 50 states. To take an extreme example, you should...

What happens if an officer doesn't show up?

Since everyone has a constitutional right to question their accuser, when an officer doesn't show up, it usually results in an automatic dismissal of the ticket. There are a couple actions you can take to increase your chances of getting a no show.

How to get a ticket dismissed?

Another way to have a ticket dismissed or reduced is to attend traffic school. This is not always an option, and usually you can only attend traffic school once a year, but it can still be a good option because it's easier than going to court to fight the ticket. Plus, you can usually attend traffic school from the comfort of your own home.

Is it worth fighting a traffic ticket?

This is especially true if the ticket is for a minor traffic violation. However, there are times when the time and energy to fight a ticket is worth it. For example, if the traffic ticket would lead to too many points on your driver's license or higher insurance premiums, it may be worth fighting the ticket.

How to fight a traffic ticket?

One strategy is to dispute the police officer's personal opinion because you might be able to challenge the officer's judgment.

Can you get a traffic ticket dismissed?

Getting the Traffic Ticket Dismissed. First of all, it's usually best to not pay the ticket if you have decided to try to get it dismissed. Although it's not true in all states, a lot of times paying the ticket is an admission of guilt. Of course, don't just ignore the ticket - find out how you can get your day in court to fight the ticket.

Is a traffic ticket a criminal offense?

While a traffic ticket is technically a criminal violation, most states have a separate court to deal with traffic violations. These courts typically have fewer procedures and people can usually handle the process without an attorney. But, if you have questions about your ticket or would like to learn about your legal options, ...

How Can I Decide Whether to Challenge a Ticket?

If you are undecided on whether to challenge a ticket, you may wish to consult a lawyer. It is important to find out exactly what it is that you are being charged with, and refer to the law. It may come as a surprise that police officers will sometimes write tickets for violations that are not actually violations.

How Can I Better Understand What I am Charged With?

The internet has a wealth of information on state laws, and the Department of Motor Vehicles (DMV) in your jurisdiction should have traffic laws on their website. DMV resources break down the traffic law into parts so that you have a better understanding of where your case may stand.

How Do Judges Treat Traffic Laws?

Judges treat traffic laws as they treat any other law, meaning the law is the golden standard. Judges and attorneys interpret the law in a technical manner, word-for-word as it is written. This means that the judge and will uphold the traffic statute, by sticking to its interpretation.

What Other Types of Questions Should I Ask Myself About the Case?

Other questions you may want to consider and are closely related to the above defense strategies include:

Do I Need a Lawyer?

If you have a traffic citation and are considering challenging it in court, consulting a traffic ticket lawyer can be indispensable. Traffic tickets can be expensive and they may even raise your insurance rates or affect points on your license.

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How to argue a citation?

Some of the best arguments and evidence to present in such a situation are: 1 Eyewitness statements from passengers, other drivers on the road or pedestrians that will confirm your story. 2 Diagrams, diagrams, diagrams. The more clearly you can show where your car was in relation to the officer's car at the time of the citation, the more robust an argument you can make. For instance, a great diagram would show that the officer could not have seen you run a red light because he was trailing you too far behind to see whether or not your car was in the intersection at the time the light turned red. 3 Photographs of the scene of the alleged traffic violation. Photographs can help you if, for example, they demonstrate your claim that a stop sign was obscured by an overhanging limb, or show that a traffic light was out of power at a certain time of day.

Why do police cite drivers?

These tickets require the officer to put down his personal opinion and come to a subjective conclusion about what happened. If you have received a ticket where the officer needed to exercise some sort of personal judgment about the situation, you may be able to challenge that judgment.

What happens if you are ticketed for driving too fast?

For instance, if you were ticketed for driving too quickly on the highway, you may present evidence that you were passing a car that you thought had a drunk driver. In this situation, your speeding may be warranted as you were trying to prevent an accident that may have caused a multi-car pile up.

Is it better to go to court or pay a ticket?

Even if you know you’ll be found guilty, going to court may be a better option than paying the ticket. If it’s your first offense in a certain period of time, your local court will likely give you the option of attending traffic school.

What happens if you don't go to court?

Traditionally, drivers were told that if they didn’t go to court, the ticket would put a black mark on their driving record, increasing their insurance premiums as a result. This may have you imagining hundreds of dollars extra every year. However, premium increases can vary from one insurance carrier to another.

Do you need an attorney to fight a ticket?

You don’t need an attorney to battle your case in court, but you’ll have much better luck with one. There are several grounds on which you can contest your ticket, including challenging the officer’s conclusion or proving your conduct was justified under the law. If you have photos or witnesses who can support your case, you’ll have a better chance.

What is traffic court?

Traffic court is an initial hearing. At the bottom of your traffic ticket is the date, time, and location of your court. At traffic court the judge is reviewing the violations the policeman charged you with, and looking for your plea. The judge may ask a few questions and then will enter your plea.

Is a parking ticket a moving violation?

No, a parking ticket is not a moving violation and does not appear on your DMV report. The DMV report is important because insurance companies have access to this report. Traffic courts report to the DMV on all moving violations. Insurance companies then may raise your rates based on moving violations.

What happens if you don't respond to a court order?

If you do not respond in time you can be held responsible for the ticket, more fines and costs will be added to what you would have had to pay, and a warrant may even be issued for your arrest. Some states ask you to enter a plea of some sort when you respond to the court.

Can you fight a traffic ticket without a lawyer?

Many people who get traffic tickets will simply pay them. They get points on their licenses and move on with their lives. If you don’t want to do that, you could hire an attorney to fight the ticket for you, but you may also be able to successfully fight the ticket without hiring counsel. There are no guarantees here, but this is how it could work.