There have been, over the years, some pretty pathetic defense strategies when it came to fighting a traffic ticket. Someone would read some information somewhere or use some advice from a relative or friend.
In this article we will go over the 5 most common mistakes used by people when trying to fight their traffic ticket. Use these as a guide of what not to do.
Mistake #1- Delaying the traffic court date
Almost every other book I’ve read on traffic tickets advises you to postpone the trial by asking for a continuance. They claim the longer your traffic court trial is from the original infraction, the greater the chance the officer will fail to show up to court on your traffic ticket.
Delaying the court date will not improve your chance of having your traffic ticket dismissed.
My question is what if you do postpone your traffic court date and the officer still shows up?
This may be a little known fact, but police officers get overtime pay to be in traffic court.
Mistake #2- Request the Prosecution’s Evidence Before Trial.
You have the right by law to see any information the court plans on using to convict you. The process is called discovery. And it would be useful if you were charged with murder, but this is traffic court. Don’t do this, it can hurt your chances of successfully getting your traffic ticket dismissed.
Requesting evidence before any kind of trial tells the prosecution you are planning a defense. He will see this as a challenge and will undoubtedly prepare accordingly, making your chances of winning almost impossible.
Don’t request anything or even contact the courthouse at any time prior to your trial about your traffic ticket. DO NOT let them know you are familiar with the traffic court process.
Mistake #3- Doing a lot of needless research
How many of you like to spend your free time at your local courthouse researching piles upon piles of law books? There’s absolutely no need to do this research. It’s time consuming and not to mention boring.
Although in some cases it may be wise to look up a certain law and see how it is worded, there really is no need to do it with all traffic ticket trials.
Mistake #4- Going after the police officers credibility
Going to traffic court with the sole purpose of making the police officer look like an idiot will backfire on you and any plan you had of getting your traffic ticket thrown out. Claiming things like, “the radar gun was faulty”, or “the officer clocked the wrong vehicle”, or “the officer singled you out”, or “the officer hasn’t had adequate training with the radar/laser gun” are all useless defenses.
Don’t ever go into traffic court with the idea you are going to challenge the police officers training on the use of the radar gun. This will only draw scrutiny from the judge, who will accept the officers testimony that he is properly trained on the use of the equipment.
The officer will NOT have to prove his training qualifications in the courtroom. Let’s face it, the officer has been properly trained and knows how to work the radar/laser gun. No question about it. If you try and go this route you will be disappointed when the judge asks you to provide evidence supporting your claim.
Mistake #5- Showing up to traffic court unprepared.
This is by far the biggest mistake people will make when fighting a traffic ticket. They go to court, thinking they’ve done their homework, when in reality everything they did leading up to the trial was in vain. They’re research was done the WRONG WAY and as a result, they lose their case before they even had a chance to defend themselves.
And then there are those who don’t do any research and think that they can tell there side of the story and the judge will have pity on them. Yeah right!
Look, I know the thought of going to traffic court can be a little scary for some, but this isn’t a murder trial. It’s just a simple traffic ticket. Traffic court is set up to be extremely ‘user friendly’ due to the large amounts of people who go there every day.
If you avoid these 5 mistakes you will have a better chance of claiming your victory in traffic court, and hopefully getting that traffic ticket thrown out.
Learn more about traffic tickets and hoe to fight them. Stop by Steven Swihart’s site where you can find out all about traffic violations and how to protect yourself against them.