There's nothing great about traffic violations, but unfortunately they're something most divers will face in their long driving careers. With that said, it is important to have a broad understanding of the severity of traffic violations and what your options are.
In most instances, if you're convicted of a traffic violation the following things can happen:
Common Defenses to a Traffic Violation
If you seek to fight a traffic violation with or without the help of an attorney, below are some of the most common defense.
1. The Officer Does Not Appear
One of the most well known ways to win a traffic court hearing is by the office not showing up. But why is this?
In the United States every defendant has a Constitutional right to question your accuser. If the officer doesn't show up you're not able to assert this Constitutional right, and often times the Judge will waive the ticket and you'll automatically win.
It is important to note that the severity of your traffic violation can significantly affect the Judge's decision in this case. A speeding ticket where the accused was going 10 mph over the speed limit is more likely to get dismissed than someone who was speeding 45 mph over the speed limit in a school zone.
2. Technicalities, Evidence, and Radar Guns
In most jurisdictions, radar guns need to be calibrated every 30-60 days for their evidence to be admissible in court. In reality, very few radar guns are recalibrated that frequently.
Verify that the gun used to clock your speed was calibrated in the required time.
3. Documentation Issues
And finally, check your ticket or other paperwork for errors. It is possible that if an office cites the wrong law on the ticket, grossly misidentifies the location the traffic violation took place, or misidentified information about you or your vehicle, then the ticket may get dismissed.