There have been, over the years, some pretty pathetic defense strategies when it came to fighting a traffic ticket. Someone would read some information somewhere or use some advice from a relative or friend.
This article will outline five of the biggest mistakes you can make when battling your traffic ticket in court. Familiarize yourself with them and never use them in traffic court.
Mistake #1- Delaying the traffic court date
Almost every other book I’ve read on traffic tickets advises you to postpone the trial by asking for a continuance. They claim the longer your traffic court trial is from the original infraction, the greater the chance the officer will fail to show up to court on your traffic ticket.
Simply delaying your traffic court trial will not increase your chances of beating your traffic ticket.
My question is what if you do postpone your traffic court date and the officer still shows up?
Then what? Police officers get paid overtime to show up to traffic court.
Mistake #2- Requesting evidence before traffic court.
Don’t get me wrong, you have the legal right to view everything they plan on using to convict you. Its called discovery, and is useful before a murder trial. But this is traffic court and it can hurt your case.
If you file a motion for discovery this tells the prosecution that you intend to plan a defense. In almost every case the prosecutor will make sure his case is airtight so you have virtually no chance of winning.
Don’t request anything or even contact the courthouse at any time prior to your trial about your traffic ticket. DO NOT let them know you are familiar with the traffic court process.
Mistake #3- Doing a lot of needless research
Who likes to spend their free time at the courthouse researching boring piles of books pertaining to law? Trust me, there is no need in doing this.
For most traffic tickets it is pointless to read up on case law before traffic court. Except on the rare occasion that you may want to see how a certain statute is worded.
Mistake #4- Attacking the officer’s credibility
Going to traffic court with the sole purpose of making the police officer look like an idiot will backfire on you and any plan you had of getting your traffic ticket thrown out. Claiming things like, “the radar gun was faulty”, or “the officer clocked the wrong vehicle”, or “the officer singled you out”, or “the officer hasn’t had adequate training with the radar/laser gun” are all useless defenses.
Never go into a courtroom with the intent to challenge the officer’s training of the radar/laser gun. This type of defense is always attacked by the judge. He will accept the officer’s testimony as to his training and will tell you to ask your next question.
Lets face it, the officer has been properly trained on the use of the speed detecting device he used to give you a traffic ticket. There is no question about it. Where would you get the evidence the judge will ask for to support this claim?
Mistake #5- Going to traffic court unprepared
Probably the mistake most people make is thinking they did a good job doing their homework prior to their day in traffic court, and actually didn’t have a clue as to what they were doing to get prepared. So they lose their case and end up being convicted of the traffic ticket.
Those who did no research go to traffic court with the notion that they can just tell their side of the story and the judge will see things their way and dismiss their traffic ticket. Yeah right!
Its understandable that it can be nerve wracking showing up to traffic court. Just remember you aren’t on trial for your life, its just a traffic ticket. Traffic court is designed to be user friendly because of the volume of people going through there daily.
If you avoid these 5 mistakes you will have a better chance of claiming your victory in traffic court, and hopefully getting that traffic ticket thrown out.
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