How to Fight a Traffic Ticket
It’s a fact of driving life: tickets happen. Maybe you didn’t notice the speed limit had dropped or you accidentally rolled a stop sign. Whatever the reason, once you have a citation, you don’t have to just pay the fine and accept the violation on your record.
While your options for ticket dismissal will depend on your state laws and what the ticket was for, there are two basic ways to get rid of a traffic ticket:
Taking a defensive driving or driving improvement course
Fighting the ticket in court
Let’s take a look at how each of these options work.
Taking Defensive Driving
If you’re eligible to take defensive driving, this is almost certainly your simplest choice. You can take an online course on your phone or computer and finish it in a few hours. They’re not super expensive — around $25 in most states. Once you’ve passed the course, you send your certificate to the state and your ticket goes away.
Of course, most states limit how often you can use defensive driving to dismiss a ticket. For example, Texas allows you to use defensive driving once every 12 months. Additionally, if the traffic violation was very serious, you might not be eligible for this kind of ticket dismissal. In that case, you’re going to have to go to court.
Fighting a Ticket in Court
The process to contest your ticket in court also varies by state, but wherever you live, there are some things you can do to improve your chance of success.
Show Up
Just showing up is enough to get a ticket dismissed a lot of the time. If the officer who gave you the ticket doesn’t show up to court (a frequent occurrence), the judge will often dismiss the citation. Fingers crossed for that one!
If you want to up your chances of the officer not showing up for the hearing, ask for a continuance on the hearing rather than going to court on the date listed. You will need to request this continuance from the DA of your area, in writing. Just make sure that if you get a continuance you don't forget the new date.
When you go to court, be sure to be on your best behavior and dress appropriately. It’s not fair, but people do make snap judgments about other people based on their appearance.
Do Your Research
On your ticket, it will have a citation for the law that you are accused of breaking. Look the law up online and read what it actually says. Typically, traffic laws can be broken down into “elements.”
These elements are the things the state must prove you did to convict you of whatever you were accused of doing. See if there is an element that you can point to that the officer wouldn’t be able to prove that you actually did.
Bring Evidence
Let’s be honest, if the situation is a cop’s word against yours, the court is probably going to believe the cop. If you want to prove you didn’t actually violate the law, you’ll need evidence. Witness statements, photographs, and diagrams of where the offense was alleged to happen are all types of evidence you could present.
Maybe you can show via a photograph of the scene that there was no way the officer could have accurately seen you looking at your cell phone from their position. This will only work, though, if what you’re saying is plausible and makes sense. Which brings us to the next point: do NOT lie about what happened.
Don’t Lie
It seems obvious, but let’s just say it to be sure: don’t lie in court! You’re trying to prove that the officer couldn’t have possibly seen the incident they cited you for, or that the light was actually yellow, not red. You are not trying to lie to a judge!
Sob stories are another bad idea. The judge isn’t going to dismiss a ticket because they feel bad for you, and it may make your case look flimsy. Just stay calm and present your facts. (If you don’t have facts to present, going to court might not be the best option for you!)
Be Organized
Making sure you have everything you need is very important. The more information you have the better you can present your case to the judge or attorney. You will be asked questions by the prosecutor, so having all the information you need organized and at your fingertips will make things go much smoother. When gathering your information it is a good idea to include the following:
Time of day and date the ticket occurred
The weather conditions when the ticket was issued
Your insurance and registration
Radar readings if applicable
Your copy of the ticket
The officer's demeanor
What you were wearing the day of the ticket (this may seem odd but if the prosecutor asks, you will be ready. You never know what they will ask)
Consider an Attorney
If you can’t do defensive driving and you’re not sure how to defend yourself in court, it might be worth it to hire legal help. There is a lot of information on how to get out of a ticket online and, to be honest, a lot of it will not help you (and may actually hurt your case).
If the traffic violation is serious enough that you need to get it dismissed, it might be time to call in a pro.
Want some defensive driving tips that will keep you on the right side of the law? Check it out.
