You should always fight a traffic ticket because it is an allegation that you committed a criminal act. Not only should you challenge any allegation of a criminal offense, but it is also your right.
You have a right to a full and vigorous defense against criminal charges, and you should exercise your right without feeling guilty.
If you receive a ticket and decide to challenge it, many courts suggested you appear twice; initially to plead not guilty and then to stand trial with the officer present. You may have the option of appearing in person or by mail to contest a traffic ticket. Some believe there is a better chance of winning if you fight a ticket in writing (3), but they are also won in person.California offers the choice of contesting a ticket in person or writing. If you challenge a traffic violation, you may need to pay the fine to be in compliance, and then it is reimbursed after you win.If you choose to contest the ticket by mail, it cannot be past the due date, and it does not specifically require you to appear in court. If you have an obligation to appear in person, then you may want to have an attorney who specializes in traffic violations. Find the mail in forms and instructions on the California DMV site (2).5 Strategies to Fighting a Traffic Ticket
- Challenge the officer’s point of view by having facts and details, such as the officer’s point view of the event and the driving conditions at the time. You can make a case for speeding due to defensive driving in heavy speeding traffic.
- Challenge the officer’s observations because it often comes down to whose facts are most believable to the judge. The evidence you might use is statements from witnesses, a clear diagram, and photographs of the scene.
- Showing circumstances beyond your control will help a judge rule a “mistake of fact” and dismiss the ticket. Example situations are old and faded road signs, a new traffic sign, a new intersection to you, or a road sign hidden by branches.
- Argue that your conduct was “legally justified” by the situation. Examples are driving too slow in the left lane to make a left turn or being forced to stop on the freeway due to your car making a loud noise.
- Showing your conduct was necessary to avoid personal harm or harm to others. An example is briefly speeding up to avoid colliding with another vehicle (1).
Fighting a traffic ticket is your right, and contesting it in person or by mail can often remove the ticket. You will not lose driving points, and your insurance rates will not increase. You want to make sure to follow the proper procedures, fill out the exact forms correctly, and present evidence that will work to your advantage. To increase your chances at winning your ticket fight, contact an attorney experienced in fighting traffic tickets.