Drivers may get a traffic ticket for a variety of reasons, but one of the most common is for speeding. Even among speeding tickets, a person may find themselves with a simple misdemeanor or a more severe charge, such as reckless driving, if they exceed the speed limit by more than 20 miles per hour.
No matter what your traffic ticket is for, it is important to know that you can dispute it. Disputing a traffic ticket requires some forethought and legal work, but the benefits can be significant.
From eliminating penalties entirely or reducing their severity to maintaining a clean criminal history, disputing a ticket can make a challenging situation much easier. Be sure you understand how to dispute a traffic ticket while you still have time to do so.
Is Disputing a Traffic Ticket Even Worth It?
One of the first things drivers often wonder after getting a traffic ticket is whether disputing is even worth it. The dispute takes time, money, and effort, and it is often much simpler to pay the ticket and accept the consequences.
While it is true that allowing the ticket to process is the path of least resistance, it can come with many negative outcomes. Fines, jail time, loss of driver’s license, and even vehicle seizure are all possibilities depending on the severity and type of crime.
Disputing a traffic ticket is usually worth the time and effort because the roadblocks that must be overcome during a dispute are significantly less onerous than those from a conviction.
How to Dispute a Traffic Ticket
Disputing a traffic ticket is best done as soon as possible after receiving it. Be sure to pay attention to the timeline.
1. Find legal representation
Before the hearing date, the driver should secure legal representation. While it is true that drivers may represent themselves in court, they will see better results with the help of an experienced traffic attorney. These professionals understand the nuances of having a ticket dismissed, as well as which evidence to provide and how to compile a case.
2. Complete a trial by declaration
Sometimes, the court will request the driver’s presence at a small trial attended by the police officer who issued the ticket. In certain cases, the issuing officer may fail to attend, resulting in the ticket being dismissed.
3. Plea bargain
The driver may elect to enter a plea bargain, accepting guilt in exchange for a lesser penalty.
4. Attend court
If the traffic ticket dispute continues, the driver must go to court. In some cases, the driver’s attorney can attend the court hearing on their behalf, representing them as they present evidence to minimize the consequences or have the ticket dismissed entirely.
At this point, any relevant evidence should have already been given to the legal professional for presentation during this hearing. The judge will determine whether the ticket is enforceable and what the consequences should be.
5. Appeal if appropriate
Disputing a traffic ticket does not necessarily mean that the court will rule in favor of the driver. If there is reason to believe that the sentence was not just or the judge did not follow due process, treat the defendant fairly, or file paperwork correctly, the driver and their legal representative may file an appeal.
This action requires another court hearing in which the evidence will be presented again alongside any further demonstration of why the initial court hearing was insufficient to address the driver’s dispute.
Get Help Disputing Your Traffic Ticket
Disputing a traffic ticket can be a smart choice, but it is not wise for drivers to represent themselves throughout the process. The dispute is governed by strict deadlines and paperwork requirements, and an attorney has more experience than the driver in presenting a case to a judge.
Additionally, local attorneys often know the judge and even the police officers, which can give them additional rapport that makes court hearings simpler. If you have received a traffic ticket you would like to contest, be sure to entrust a traffic attorney with this process.
Contact the professionals at The Law Offices of Kermit A. Monge to dispute your traffic ticket.