\u00a9 2023 wikiHow, Inc. All rights reserved. We make every effort to keep our articles updated. % of people told us that this article helped them. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. If the officer who issued your citation filed a report or made any notes about the traffic stop, you are entitled to copies of those as well. Normally, the judge will order you and the citing officer to come back to court for your trial. How to Beat a Speeding Ticket in California | Legal Beagle I taught traffic school for ten years before starting the Ticket Assassin in 1998. There are yet other types of tickets where the police officer's judgment cannot be called into question. Diagrams, diagrams, diagrams. Missing or incorrect information on your ticket may be grounds for dismissal. How strong your evidence is. You will need to fill out a "Request for Trial By Written Declaration" form, which is available from the California Courts website here. This article lays out five strategies that many have found useful in fighting traffic tickets they received. Thanks to all authors for creating a page that has been read 70,072 times. Here, the officer follows behind you for a length of time and then looks down at his own odometer to measure your speed. The officer may also be too busy, have several hearings on that date, or have simply forgotten about you, giving you a shot of getting your ticket thrown out. For information regarding a specific legal issue affecting you, pleasecontact an attorney in your area. When you call the court to postpone the date, tell the clerk to have the trial on a date that is very inconvenient for the officer, like around the holidays or summer vacation which will annoy the officer. Organize your documents and evidence before you get there so you aren't shuffling through papers if the judge asks for something. Many traffic laws are not absolute and rely on the driver to make an honest assessment of what conduct is best given weather and highway conditions. This defense is much like the one above in that you are trying to show that your ticketed driving was necessary in order to prevent immediate harm to you or others. Be mindful, however, that police officers are served with subpoenas to come into court and defend the ticket. But, like most legal decisions, it comes down to the stakes involved. To learn how to dispute your ticket in a court trial, keep reading! 3. Remember: Many photo radar traffic tickets include payment . Another way to fight traffic tickets is not to deny or point out mistakes in the ticketing process, but rather to admit to the illegal driving but present another fact that makes the illegal driving justified and allowable. If the officer says he will get a search warrant, politely tell him to do so and continue to refuse a search. Fighting a traffic ticket is doable if take the proper steps and employ the right strategies. Our system knows exactly how to build a solid defense based on . wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. You will need to pay bail (your traffic ticket fine amount), which will be returned to you if you win your case. Get tailored legal advice and ask a lawyer questions. Therefore, you'll want to get the specifics for contesting a traffic ticket in the area you were cited. 2. Guide to traffic tickets | California Courts | Self Help Guide Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. 3. If you receive a following too cloesly ticket and go to fight the ticket in court, the court will determine whether your distance was reasonable and prudent. Your own inattention or personal need aren't the same thing as avoiding harm. These speeding tickets are often challenged by those who are cited. For example, if the traffic ticket would lead to too many points on your driver's license . How To Fight A Following Too Closely Ticket - Phaseisland17 The last updated date refers to the last time this article was reviewed by FindLaw or one of ourcontributing authors. 4 Ways to Fight a Cell Phone Ticket in California - wikiHow Depending on which California county you received your traffic ticket in, you may be able to pay it: Online. For example, you can cast doubt on the officers recollection by pointing out inconsistencies in his testimony. Felony traffic charges have a maximum fine of $10,000 and may lead to a one-year license suspension. You can attempt to discredit this speed reading by pointing out the officer was too far back to adequately follow you at a consistent speed. Hiring a lawyer is expensive, not to mention the challenges involved in finding a reliable one. Write down the make, model, license plate and unit number of the officer's car. Assessing Your Defense. References. Most will simply pay the fine. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. You can fight the ticket in 1 of 2 ways: by having a court trial or a trial by mail. This is a great way to fight a ticket because you do not have to dispute the officer's statement or the charge in the ticket, but rather show circumstances that necessitated your driving. For this reason, the officer may not respond. No, you do not need a lawyer to dispute a traffic ticket. Include your email address to get a message when this question is answered. You can almost always argue that the officer was not in a good position to see what happened, especially if there are obstructions or if there was heavy traffic. Driving in excess of 1-10 mph over the limit is 3 points and driving in excess by 31-40 mph is 8 points. How comfortable you are speaking under pressure. Log in to DoNotPay and go to the Ticket Disputes category. The officer may have walked into that courtroom absolutely convinced that she was correct in giving you a ticket, but if you can place doubt in her mind she may become less sure of herself. When do I inform the court in person that I want to fight my traffic ticket? However, there are times when the time and energy to fight a ticket is worth it.