Throughout the years, there have been some pretty dreadful defense strategies used by many people when it came to their traffic ticket. But I don’t really blame them. Most were just relying on ‘insider’ information some website was selling.
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.
Do not try to delay your date with the traffic court. You will not increase the likelihood the officer wont be there and thus having your traffic ticket thrown out.
Lets say that you do get your traffic court date pushed back. What if the police officer still shows at court?
Traffic officers get paid overtime to be in traffic court. They don’t bring them off their patrols to be there.
Mistake #2- Requesting evidence before traffic court.
Don’t get me wrong, you have the legal right to view everything they plan on using to convict you. Its called discovery, and is useful before a murder trial. But this is traffic court and it can hurt your case.
If you file a motion for discovery this tells the prosecution that you intend to plan a defense. In almost every case the prosecutor will make sure his case is airtight so you have virtually no chance of winning.
Don’t give the prosecution a heads up that you know anything about traffic court proceedings. Do not contact them prior to your traffic court date.
Mistake #3- Doing a lot of needless research
Who likes to spend their free time at the courthouse researching boring piles of books pertaining to law? Trust me, there is no need in doing this.
Only rarely would it be prudent to look up a law so you know how it may be worded, other than that it is needless to do this with most traffic tickets.
Mistake #4- Attacking the officer’s credibility
If your defense is to go to traffic court and try to make the officer who gave you the traffic ticket look like an idiot, don’t waste your time. Using any number of ridiculous excuses like the police officer singled you out or that he used the radar gun improperly will not work.
Never go into a courtroom with the intent to challenge the officer’s training of the radar/laser gun. This type of defense is always attacked by the judge. He will accept the officer’s testimony as to his training and will tell you to ask your next question.
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 may be the biggest mistake individuals make when they try to fight a traffic ticket. They go into traffic court thinking they did their homework, when in reality they had no idea what they were doing, and end up paying the traffic ticket.
Those who did no research go to traffic court with the notion that they can just tell their side of the story and the judge will see things their way and dismiss their traffic ticket. Yeah right!
Its understandable that it can be nerve wracking showing up to traffic court. Just remember you aren’t on trial for your life, its just a traffic ticket. Traffic court is designed to be user friendly because of the volume of people going through there daily.
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.
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