Friday, February 24, 2012

How to Beat a Traffic Ticket in Court


In most cases it is more advantageous for you to go to court and challenge your traffic ticket than to simply write out a check and pay your fines. While paying the fines for your traffic tickets may seem like the path of least resistance, that one action can have many unexpected repercussions down the line. There are a few tips that you can remember should you ever need to beat a traffic ticket in Houston and they begin with your attitude toward the police officer when you are stopped.

Don’t Admit Guilt—and Remain Polite
While it may make you feel better to express your indignation or anger, it will rarely help you out. Be polite and cooperative and you just might get a ticket for a less costly offense, or even just a warning. If you insist on being nasty, the officer may make note of it, and the prosecutor will be less likely to consider a deal when you appear in court. Avoid any admission of guilt and stifle the impulse to make excuses or create unbelievable stories about why you were speeding or committing any other traffic offense.

Dealing With the Police Officer
One thing you may want to do is politely ask the police officer how you can pay your ticket through the mail—even if you have no intention of doing so. This gives the officer the idea that you are unlikely to go to court to plead your innocence and he or she may take fewer notes. Then when you challenge the ticket the officer is at a disadvantage due to the sparse nature of his notes and recollection.

You could also go the alternate route and ask the police officer an entire litany of questions—politely, of course. You could ask where the officer was positioned and what type of radar detection device he or she used. Ask for as many details as possible, down to the serial number of the device, and make a note of the officer’s license plate and badge number. While this won’t make you particularly popular with the officer, it may give you an edge when you get to court, and in some instances the officer may not even show up, meaning your ticket will be dismissed.

Before You Leave the Scene
While you are still at the place you received your ticket, it’s a good idea to snap a few photos of the weather conditions, road conditions, traffic conditions or any other issues that contributed to your ticket. If you had to swerve to miss a pothole, for instance, take a photo of that particular road issue. Make a quick diagram of where the officer was in relation to where you were while you are still at the scene.

Once You Arrive Home
There are two critically important things you need to do when you arrive home. The first is to thoroughly review your ticket for accuracy. Suppose the ticket notes that you crossed multiple lanes in heavy traffic, yet you believe you crossed one lane in fairly light traffic. Whatever the situation, take the time to write down every single detail related to your Harris County traffic ticket. While most of us are sure we will remember specific details when the time comes, in fact we don’t remember nearly as much as we expect. If you have written down all facts surrounding your ticket, you can refresh your memory with your notes when the time comes. Secondly, make a note—or multiple, large, impossible-to-miss notes regarding the date you must appear in court. Missing a court date for a traffic offense can leave you with a warrant for your arrest and the threat of being handcuffed at work in front of your boss, at home, or at school.

Why Hiring an Attorney is to Your Advantage
When looking at the big picture, it can be much more cost effective to hire an attorney early on in the process after you’ve received your traffic ticket. Paying your ticket, or appearing in court and being judged guilty can leave you with a conviction on your driving record and points which can result in Texas surcharges, escalating insurance rates and may even jeopardize your license and your employment. Your attorney can advocate on your behalf to attempt to lessen the charges against you, and may be able to get the charges dropped altogether.

Your Houston Traffic Ticket Attorney will send a written request for discovery well before your court date in order to receive all the evidence against you or any other relevant information. Your attorney may also work out a deal where you can attend traffic school in order to avoid a conviction and the resulting points on your driving record. If you want to avoid the long-term repercussions of a traffic ticket conviction, an experienced Houston Traffic Ticket Attorney could be your best line of defense.
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2 comments on article "How to Beat a Traffic Ticket in Court"

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jennifer whaley

9/20/2013 2:58 AM

Is there any way to not get points on my record? I drive a truck for a living.


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Andrew Sullo

9/20/2013 9:12 PM

The best way to avoid points going on your driving record is to have your case dismissed. Points effect every driver in different ways. For most of us, points on our record are used by insurance companies to raise our rates on car insurance. Also, too many points will allow Texas DPS to suspend our license. For commercial drivers and drivers with a CDL (Commercial Driver's License), most employers are very strict about not having drivers with a specific amount of points on their record. It will cost you your job. If you are a commercial driver, you are not eligible for defensive driving. Commercial drivers tend to have the most to lose by receiving points on their record. That is why a majority of commercial drivers hire an experience attorney who can find a way for a dismissal. For all of our CDL drivers, we generally get their cases dismissed or else go to trial. You should never pay a ticket that effects your driving record. A trial makes a lot more sense and gives you a chance for an acquittal.

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