Got a traffic ticket? Learn how to fight a speeding ticket or other violation in traffic court, as well as information about fines, suspended driver licenses, traffic school, and driving while talking or texting.
The consequences of a speeding or other traffic ticket can be serious -- you can face a stiff fine, traffic school, significantly higher insurance premiums, and possibly even the suspension of your driver's license. Traffic Ticket Fines A routine ticket for speeding, failure to yield, or failure to stop
At any given time, more than ten million drivers in the United States are talking on cell phones. In response to safety concerns, some states have banned certain types of cell phone use while driving -- such as handheld cell phone use, use of wireless phones by novice or juvenile drivers, or even texting. Even if your state does not restrict a driver's use of cell phones, you should take precautions if using a wireless phone while driving.
On July 1, 2008, two new laws banning the use of wireless telephones (cell phones) while driving in California took effect. The first law prohibits all drivers from using handheld wireless phones or cell phones. The second prohibits drivers under 18 from using hands-free cell phones and any other type of electronic communication device while driving. The fines (especially for second offenses) will be hefty.
I went to court to fight my traffic ticket, thinking that I'd get a decision that day. Instead, the judge said he wanted to look at the scene of the incident. He didn't rule either way. What happens now?
I received a notice from a collection agency informing me of a debt to the tune of $95. This was the result of a parking ticket that I never got. I'm guessing that sometime in the past few months one of my friends got the ticket when borrowing my truck and never told me. The original ticket was for $15 and the rest is some sort of penalty, I guess. Do I have to pay this ticket? What happens if I don't?
I was recently stopped, ostensibly for speeding on a state route. The officer, in the course of giving me a citation, questioned me about why I was in the area, where I was going, what business I had, and who I knew. I believe his real motivation was a racial profile stop. Do I have recourse after being cited an additional ticket because of my refusal to answer his questions?
I have recently contested a speeding ticket and was found guilty. Here's what happened: I was pulling out of a gas station in the median of the Florida Turnpike, when a state trooper pulled in front of me and wrote me a ticket. I did not examine the ticket closely until I arrived to my destination and that's when I learned the ticket was for 100 mph. I sent an affidavit of defense to the court because I'm a student and couldn't get out of school to go there myself. The key point I made on the affidavit is that the officer could not be sure that he pulled over the right car otherwise he would have followed me into the gas station and that he must have lost sight of the car that was actually speeding. My questions are: Did I have a good point? Was it a bad idea to send the affidavit instead of going in person? Is it possible for me to appeal this to other judges or a higher court? One additional point: I have several previous speeding tickets on my driving record.
I have requested a hearing over a citation for failing to come to a full and complete stop at a stop sign. My adult daughter was in the car with me and agrees that I did indeed come to a full stop. How do I prove my case at the hearing?
I got my first speeding ticket last weekend, for doing 70 miles per hour in a 55 mph zone. The cop had radar but shot me from three lanes and 1,000 feet away during moderate traffic. I've been driving six years and had a clean record. I heard something about requesting calibration records on the radar gun and wonder if this would be worth the effort. I'm not interested in getting out of the fine. I just don't want any points.
In many states, with many tickets, it's possible -- and sometimes even fairly easy -- to challenge the police officer's view of what happened. Learn when it makes sense to question an officers subjective or objective observations, or ask the judge to dismiss your ticket.
By now you should have analyzed the law you are charged with violating and have a clear understanding of all the elements you are supposed to have transgressed. Before you consume energy, time, and money fighting your case, you'll first want to think about whether it makes sense to move in this direction.
Jury trials are time-consuming for you, judges, prosecutors, and the police. This means once you ask for one, the system has some incentive to settle your case without going to trial. Deals can take many forms, depending on the situation. For example, if you are charged with speeding and running a stop
This section takes you step by step through a traffic court trial, with information on your options at the various stages of the proceedings. For simplicity's sake, throughout this section the term "prosecutor" and "the prosecution" will be used to refer to whomever is doing the prosecuting against you,
Defense lawyers will nearly always say that a jury trial is better for a defendant. This is true, but only if you prepare carefully to fight in a much more complicated legal arena. Not only will you need to pick a jury, but instead of just facing the arresting officer (as often happens when your trial
If you haven't convinced a judge of your innocence at trial, your chances of overturning his or her decision by appealing are small. Even though every state gives a person the right to appeal, the process is almost always tedious, typically involving many hours and some expense. In short, before you
After the jury is selected, the jurors will be "sworn in" by the judge or clerk. Then, the trial proceeds in much the same way as a trial before a judge. (See What Happens in Traffic Ticket Trial by Judge?). Opening Statements Though opening statements are often skipped during a ticket-related trial
Speeding tickets are, by far, the most common moving violation. If you want to fight your
ticket, there are two things you must know.
Were you charged under an
“absolute,” “presumed,” or “basic” speed law? (Don’t worry, we explain
this jargon in this article.)
How did the cop
All 50 states use three basic types of speed limits, called "absolute," "presumed," and "basic." Because each type of speed limit violation often requires a unique defense, it is key to understand which you are charged with violating.