Fighting a Traffic Ticket
There are many reasons to contest a traffic ticket. A violation for a traffic offense goes on the driver's record, which can adversely affect their auto insurance rates and even the status of their license. In many cases, drivers who accumulate too many traffic tickets over a certain period of time could lose their license, which can have drastic repercussions on their daily life.
The best thing to do is to consult an attorney who specializes in traffic law. Some of the common defenses for fighting a traffic ticket include:
1. Challenge the officer's view of what happened; in many cases, there is no objective evidence as to whether a violation was committed and the opinion of the officer can be protested
2. Challenge the officer's observations; sometimes the vantage point of the police officer can be questioned, such as if they could accurately pinpoint by an unobstructed view if the driver ran a red light or did not stop at a stop sign; in extreme cases, the defendant can call witnesses who can verify their version of what happened or even question the credibility of the officer
3. Prove that the mistake did indeed happen but it was beyond the driver's control; for example, if the driver failed to yield at a crosswalk because the markers could not be seen, or if a stop sign was obstructed by a tree branch; photographic evidence is one way to prove this type of innocence
4. Prove that conduct was justified; this is done by raising additional legal facts that were unknown to the officer, such as if a driver swerves in traffic due to chest pain or sudden car trouble
5. Prove that the conduct was necessary to avoid any harm to self or other drivers; this can usually involve cases of speeding that occurred to avoid a collision or other dangerous situations.
Defendants may be tempted to provide their own defense, but it is best to retain the services of an experienced attorney who has the legal knowledge to successfully contest the traffic ticket.
The best thing to do is to consult an attorney who specializes in traffic law. Some of the common defenses for fighting a traffic ticket include:
1. Challenge the officer's view of what happened; in many cases, there is no objective evidence as to whether a violation was committed and the opinion of the officer can be protested
2. Challenge the officer's observations; sometimes the vantage point of the police officer can be questioned, such as if they could accurately pinpoint by an unobstructed view if the driver ran a red light or did not stop at a stop sign; in extreme cases, the defendant can call witnesses who can verify their version of what happened or even question the credibility of the officer
3. Prove that the mistake did indeed happen but it was beyond the driver's control; for example, if the driver failed to yield at a crosswalk because the markers could not be seen, or if a stop sign was obstructed by a tree branch; photographic evidence is one way to prove this type of innocence
4. Prove that conduct was justified; this is done by raising additional legal facts that were unknown to the officer, such as if a driver swerves in traffic due to chest pain or sudden car trouble
5. Prove that the conduct was necessary to avoid any harm to self or other drivers; this can usually involve cases of speeding that occurred to avoid a collision or other dangerous situations.
Defendants may be tempted to provide their own defense, but it is best to retain the services of an experienced attorney who has the legal knowledge to successfully contest the traffic ticket.
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