Depending on the nature and gravity of the traffic ticket you have been charged with, a lawyer will recommend one or more defense strategies. As a traffic ticket lawyer from a firm like the Law Offices of Mark T. Hurt may tell you, the optimum scenario will result in a dismissal of the ticket or tickets. However, in more extreme cases, such as if someone was alleged to have been hurt because of your actions, a plea bargain to a lesser charge is more likely than a complete dismissal. With a seasoned traffic ticket lawyer by your side, the outcome will depend in large part on the severity and complexity of the charges and your alleged role in the incident.
Here are some of the most common legal defenses used by a defense lawyer in traffic ticket court:
- The police officer who issued the ticket failed to make an appearance in traffic court. In addition to failing to appear, they did not notify the court in advance. Though this scenario does not occur often, it does happen, and your speeding ticket lawyer may be able to use this as a valid reason for having your ticket dismissed or reduced.
- The traffic camera or radar gun that was used to determine you were speeding is considered invalid. For example, your lawyer may be able to present proof based on the police department’s maintenance logs that the device was not calibrated recently as required and therefore cannot be considered accurate. Many radar guns are found to be inaccurate due to malfunctioning, misuse by the police officer, not calibrated within the required time period prior to use, or some other valid reason. Your lawyer will use every legal means possible to vigorously defend you in traffic court.
- You win the court’s judgement in a trial by declaration. Otherwise known as a trial by mail, in some states you have the right to choose this option rather than appear in court. The process involves you submitting a letter to the Court that explains why you are innocent of the charge against you. In response, the police officer who charged you must do the same. Because many police officers are overworked and too busy to bother with the additional paperwork, they may neglect to respond. In that scenario, you will probably get your ticket dismissed. Talk to your lawyer about whether or not this strategy may work in your case.
- An error was made in the issuance of your traffic ticket. If there is a mistake regarding your ticket, such as the road you were on had been misidentified, this may be cause for having your ticket dismissed. A minor mistake may not qualify, but carefully review the ticket to be certain that the information provided is completely accurate. Your lawyer can determine if any mistakes are potentially cause for dismissal.
If you were issued a ticket and would like to fight it, call an experienced traffic ticket lawyer today.