- Criminal Defense
- Traffic Violation Lawyers
- Fighting a Ticket
- Strategies for Fighting the Ticket
In most states it is possible to challenge the cop’s view of what happened when fighting a traffic ticket. This becomes likely in situations where an officer must make a subjective judgment to whether you violated traffic law. If you receive a traffic violation for making an unsafe right, you can argue that your actions were safe according to the traffic conditions. It also helps to point out that the officer was not in a good location to view what happened or was busy doing other tasks.
In cases where your state law requires an objective observation, you may find yourself in an argument verifying facts with a police officer, who is most likely to win. However, if you can provide witness statements, diagrams, photographs of intersections or any other evidence that casts doubt on the officer’s facts, you may have a chance at winning.
You also have the option to prove your actions were a mistake of fact, meaning you made an honest error. Examples include failing to stop at a crosswalk because the lines were faded from age or failing to stop at a stop sign that was blocked by a fallen tree branch following a storm. You can also argue that your actions were “legally justified”. For instance, if you stopped on a highway because your car made a noise and you thought it would put other drivers at risk your conduct may be justified. Lastly, you can prove your actions were necessary to avoid harm. For example, you swerved over a double yellow line to avoid hitting another car, pedestrian or animal.