When To Challenge A Traffic Ticket


Traffic cops perform a necessary function in keeping roadways safe and orderly. When you receive a traffic citation, you should always treat the police officer issuing the citation with respect, and you should not try to worm your way out of a justly issued ticket. On the other hand, everyone makes mistakes, and traffic cops are no exception. If you we feel like an error was made and that you did not deserve a ticket you received, then you should consider challenging your ticket.

Question the Officer's Ability to Accurately See Your Actions

Officers do their best to ascertain what happened, but sometimes their view of the event in question may be compromised. In court, you may question whether an officer had a clear view of the event in question. For example, if an officer cites you for failing to stop at a stop sign and you feel certain that you did stop, you want to pay attention to where the officer was when they saw your actions. If an officer is driving down the opposite side of a busy, four-lane street, passing vehicles could obscure the officer's ability to see whether you came to a complete stop of not. If you have a witness or witnesses who can confirm that you came to a complete stop, and witnesses to prove that the cop's view was obscured, you may successfully prove that you did stop even if the officer was not able to see your stop. You should, however, only pursue such a course of action if you honestly believe the ticket was issued in error. 

Prove You Had a Defensible Reason for the Illegal Action

Sometimes you commit an illegal act, and your defense does not dispute whether you did something illegal. Instead, you give reasons for why you had to perform the illegal action. For example, you might encroach on a crosswalk when you come to a stop at an intersection because the lines marking where to stop were faded to the point that they weren't readily visible. Or someone might swerve across a lane of traffic to get to the shoulder because they were having engine problems and didn't want to endanger drivers on the road if their car suddenly stopped working in the middle of a lane. These are justified reasons for performing what would otherwise be a dangerous and illegal action. When making such a defense, you want to be careful about your justifications for your actions. For example saying, I slammed on my brakes and made a left turn across a lane of traffic because I was on the phone and nearly missed my turn is not a defensible claim. In fact, in some states, you will only make your case worse by revealing that you were on the phone while driving. Again the point is not to worm your way out of a ticket but to make sure the ticket was issued in all fairness.

If you think you may have grounds to dispute a ticket but want to be sure, you can talk your case over with an attorney, like one from Tolbert & Tolbert, LLP, who specializes in traffic cases. Such attorneys will often offer a free initial consultation, so there is no risk in taking the time to talk over the circumstances of your case with a legal expert to make sure your case is worth taking to court. 


18 July 2017

Investing in Your Children’s Futures

I was blessed to have grown up in a home with loving supportive parents. They both worked extremely hard in order for me and my sister to enjoy a better life than they had. Financially, they bought me a new car when I was sixteen. They also paid for my college expenses. Many parents do the same for their kids. They want to provide for them in the present while safeguarding their futures. One way parents can invest in their kids’ futures is by placing money in trusts that their children can utilize when they reach a certain age. A reputable attorney can establish beneficial trusts for your kids. On this blog, you will learn about the benefits of consulting with an attorney about setting up trusts for your children.