It is possible for a driver to be issued a moving violation ticket that is undeserved. Trying to fight this may be a bit of a challenge. It’s also possible succeeding at this can be very beneficial. There are certain things a driver should consider.
A moving violation could have a small or major impact on a driver’s insurance rates. This will depend on their individual situation. If it is a first moving violation, the increase may be minimal. If it one of many tickets, a driver could pay significantly higher insurance rates or lose their coverage. This could make a moving violation ticket expensive in the long term.
Pleading Not Guilty
You will have to plead not guilty to challenge a moving violation. When doing this in person, it could involve an arraignment where an individual will hear the charges being brought against them. A judicial officer will explain a person’s rights to them. They will then be given a court date. A person may have to pay their ticket fine at the beginning of the process. If a person is found not guilty, the money they paid for the ticket will be returned. It’s also possible to request a trial by written declaration. People often request to waive their arraignment and go straight to trial. A court date can also be requested over the phone.
Trial By Written Declaration
There are people who prefer to not go to court. In this case, it is possible for them to have a trial by written declaration. In order to be eligible for this, the citation involved can’t require a court appearance. It also must be a traffic violation. This will require the driver to present their statement and all their evidence in writing. The necessary forms and paperwork can be dropped off in person or sent by mail. Traffic court will notify a driver once it has reached its decision.
Hiring a traffic ticket attorney for this could be a huge benefit. Doing this significantly increases the chances a person will win their case. They can explain all the options involved with handling a case. There are no court-appointed attorneys to fight traffic tickets. If a person does not hire an attorney, they will have to represent themselves. At the trial, questions can be asked of the law enforcement officer who issued the ticket. Witnesses can be called to testify and evidence can be presented. There will also be a chance to argue the law. When the trial is concluded, the judicial officer overseeing the proceedings will inform a person if the court accepts or rejects their not guilty plea.
It is pretty common for people to challenge a law enforcement officer’s perception of what happened. This is a good approach if a moving traffic violation was based on a law enforcement officer’s subjective judgment. People have tried to point out the law enforcement officer was not in a good place to accurately see their vehicle or what happened. Some even have suggested the law enforcement officer was busy doing another task at the time they observed the driver’s car and more.
It Was Necessary To Avoid Harm
Many times drivers will try to make the case it was necessary to avert experiencing harm. This has happened when there was a vehicle behind them that was out-of-control. The only way to avoid an accident was by speeding. The key is to show how violating the law was the only way to circumvent serious and immediate danger.
If a driver believes they did not deserve a ticket for a moving violation and decide to fight it, they should hire an experienced attorney. Avoiding the costs associated with significantly higher premiums over an extended period of time could make this a good decision. It could also help a driver avoid having points put onto their driver’s license. An experienced attorney will know what is necessary to prove a person is innocent of committing a moving violation. They know how to obtain the best possible outcome. Contact us today if you need help in fighting a traffic ticket. We have over 25 years of experience fighting traffic tickets and helping people reinstate their license.
Latest posts by Scott Desind (see all)
- How to Request the County Seat and Fight Your California Traffic Ticket - May 21, 2023
- Don’t Even Touch That Cell Phone - July 13, 2022
- Innocent Until Proven Guilty - March 2, 2020