Scoping Out Your Traffic Ticket

So you've gotten a traffic ticket and you're trying to figure out whether it's worth your trouble to contest it. Getting all the information you can may help you to decide.

What Is The Charge?

It's important to understand exactly what the prosecutor will have to prove should you take the ticket to trial.

You can start by looking up the citation statute or ordinance number located on the face of your ticket. You should be able to plug these numbers into an Internet search and find the text of the ordinance or statute.

Every traffic infraction can be broken down into what lawyers call "elements": specifics that must all be proven in order for a judge or jury to find you guilty. Some elements which are factually objective include:

• Where you were ticketed
• Your action, such as going 50 miles per hour, or making a left turn

Other elements of your infraction can be more subjective, such as:

• Whether you were going a "reasonable and safe" speed
• Whether your actions were "safe under the road and weather conditions"

What Is The Evidence Against and For You?

If you take the matter to trial, the prosecution will have to prove each element of the infraction with evidence, which can include:

• The ticket itself
• The officer's testimony, which can be at least partially scoped out through what's called the "discovery" process (internal link)
• Witness statements
• Photos of the scene
• Weather reports
• Diagrams of the scene

It's up to you to collect as much evidence as you can in your favor. So don't hesitate to track down witnesses, go take pictures of the scene, or download weather reports from the day you were ticketed.

Are There Special Circumstances?

There are extenuating situations that may give you a legal defense against the ticket, such as:

• The actions of other drivers (sudden stops or weaving between lanes, for example)
• Unforeseen road conditions, such as construction that isn't properly manned, or other hazardous conditions
• Traffic signs that are hidden behind trees, shrubs or cars
• Difficult weather conditions such as extreme rain or hail
• Unpredictable pedestrian behavior, such as a child darting out into the street

Many people are tempted to bring up distractions such as a sick relative or worries over employment or debt issues, but these excuses (while they may have been genuine distracting factors) aren't considered by judges or juries as acceptable reasons for a traffic violation. At best, an excuse like this may help you in asking the judge for a little leniency when it comes time for imposing a fine.

Options

You have three alternatives to dealing with your ticket:

• Plead guilty and pay the fine
• Plead guilty and go to traffic school instead of paying a fine (if that is an option in your state)
• Plead not guilty and go to trial

If you think the prosecutor will be able to prove all the elements of the traffic infraction, it may be best to pay your fine and get it over with, regardless of the consequences (internal link).

Many states will now allow traffic defendants to go to traffic school instead of paying a fine. This isn't cheaper, because you must pay for the school, but it keeps the ticket off your record and protects you against car insurance increases because of a ticket. In most states where traffic school is an option, you can only take advantage of the traffic school alternative once in a specific period of time (such as 18 months).

If you don't qualify for traffic school, or you simply can't afford an increase in your car insurance, your only option is to fight the ticket in court (internal link). While you can always hope that the traffic officer won't show up and the judge will dismiss the case against you, it only makes sense to be as prepared as possible to present your take on the facts.

Whatever decision you make, make it quickly, as there are tight time deadlines involved in defending against a traffic ticket.

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