Southern California Criminal Defense Attorneys

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Traffic Defense Questions:

Q: How can I defend from a speeding ticket case?

Q: How should I prepare to defense a traffic ticket?

Q: What is the procedure to tacking a ticket to court?

Q: What is the consequences of a traffic ticket?

How can I defend from a speeding ticket case?

You’ve decided you don’t want to deal with the consequences of a speeding ticket (internal link 1014241) such as fines and insurance rate increases. What can you do to prepare yourself and your attorney to successfully defend your case?

Absolute vs. Presumed Speed Limits

You’ll first need to find out whether your state’s speeding laws involve “absolute” or “presumed” speed limits. In absolute speed limit states, you’ve violated the law if you drive even one mile above the posted speed limit. In presumed speed limit states, you’re presumed to be breaking the law by going above the posted speed limit, and it’s your burden to prove you were going at a safe speed for road and traffic conditions.

It’s obviously easier to defend your speed in a presumed speed limit state, especially if you were driving just slightly over the posted speed limit.

Prepare, Prepare, Prepare

If you decide to contest a speeding ticket after scoping out your options (internal link 1014121), you’ll want to prepare carefully. You’re entitled to do what’s called “discovery” by getting copies of the officer’s notes and maintenance records for any radar or laser equipment the officer used.

It’s a good idea to go to traffic court ahead of your court date and observe trials similar to yours, so you understand the traffic trial process (internal link 1014123).

You’ll want to take photos of the intersection or stretch of road where you got the ticket at the same time of day you received the ticket (and under the same weather conditions if possible). It’s especially important to get photos of any obstructions in the line of sight between your vehicle and the police vehicle, such as moving traffic, power lines, signs, bends in the road and so forth.

If you think it will help the judge understand, you might consider making a diagram showing the roads and the locations of your car, the patrol car and any obstructions in between.

You’ll also want to contact any witnesses identified in the police report, as well as witnesses who may have been in the car with you.

General Defenses

Some general defenses to a speeding ticket include:

• You weren’t going the speed the officer said
• You were moving above the posted speed limit, but the road and weather conditions warranted it (works in a presumed speed limit state)
• You were moving above the posted speed limit, but it was necessary in order to avoid serious injury in an emergency situation (such as to avoid a serious accident, or cope with sudden mechanical problems or sudden unanticipated illness)
• If you’re in a state with presumed speed limits, you can try to show you were driving at a a safe speed by introducing evidence as to:
• Road conditions (dry, clear visibility and so forth)
• Your vehicle’s mechanical condition and accessories (steering, tires, brakes and so forth)
• Traffic conditions (light, moving above the posted speed limit)

Radar Defenses

A radar system like the kind used by police to monitor traffic simply tells the operator how fast the vehicle with the most dominant reflective surface is going, but can’t measure distance or pick out one moving vehicle among several. It’s up to the officer to make that discretionary call.
One of the best defenses against a radar unit is that the radar system picked up another vehicle or more reflective surface instead of your vehicle. Reflective or interfering surfaces can include:

• Metal traffic or other types of signs (even neon signs)
• Utility lines
• Power stations
• Vehicles moving around you in dense traffic

One way to prove the possibility of an inaccurate radar reading due to obstructions is by using the photos you took of the scene to show that the officer would have had to “shoot” the radar through an object between his vehicle and yours.

A less reliable and more time-consuming defense is to try to prove that the radar system wasn’t properly maintained and so wasn’t working properly. To prove this, you have to subpoena the maintenance records of the radar system, as well as the maintenance records of the tuning forks sometimes used to calibrate the radar systems. This isn’t a defense you should attempt without an attorney to represent you.

Another radar system defense is to prove that the officer wasn’t properly trained and qualified to operate a radar system, and in fact operated the radar improperly. You would have to have:

• The police department’s admission that the officer wasn’t trained up to the standards of other officers, and
• The officer’s testimony on cross-examination that shows up his lack of knowledge on proper operation of the system

Laser Gun Defenses

Laser speed guns used by police can measure distance and calculate speed by comparing the change in distance against a specific span of time. Fighting a laser gun speeding ticket is more difficult, as it’s harder to claim the gun was measuring some object other than your vehicle.
Many of the defenses to speeding tickets are complex and technical, so it almost always makes sense to hire an attorney to represent you properly.

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How should I prepare to defense a traffic ticket?

So you’ve gotten a traffic ticket and you’re trying to figure out whether it’s worth your trouble to contest it. Getting all the information you can may help you to decide.

What Is The Charge?

It’s important to understand exactly what the prosecutor will have to prove should you take the ticket to trial.

You can start by looking up the citation statute or ordinance number located on the face of your ticket. You should be able to plug these numbers into an Internet search and find the text of the ordinance or statute.

Every traffic infraction can be broken down into what lawyers call “elements”: specifics that must all be proven in order for a judge or jury to find you guilty. Some elements which are factually objective include:

• Where you were ticketed
• Your action, such as going 50 miles per hour, or making a left turn

Other elements of your infraction can be more subjective, such as:

• Whether you were going a “reasonable and safe” speed
• Whether your actions were “safe under the road and weather conditions”

What Is The Evidence Against and For You?

If you take the matter to trial, the prosecution will have to prove each element of the infraction with evidence, which can include:

• The ticket itself
• The officer’s testimony, which can be at least partially scoped out through what’s called the “discovery” process (internal link)
• Witness statements
• Photos of the scene
• Weather reports
• Diagrams of the scene

It’s up to you to collect as much evidence as you can in your favor. So don’t hesitate to track down witnesses, go take pictures of the scene, or download weather reports from the day you were ticketed.

Are There Special Circumstances?

There are extenuating situations that may give you a legal defense against the ticket, such as:

• The actions of other drivers (sudden stops or weaving between lanes, for example)
• Unforeseen road conditions, such as construction that isn’t properly manned, or other hazardous conditions
• Traffic signs that are hidden behind trees, shrubs or cars
• Difficult weather conditions such as extreme rain or hail
• Unpredictable pedestrian behavior, such as a child darting out into the street

Many people are tempted to bring up distractions such as a sick relative or worries over employment or debt issues, but these excuses (while they may have been genuine distracting factors) aren’t considered by judges or juries as acceptable reasons for a traffic violation. At best, an excuse like this may help you in asking the judge for a little leniency when it comes time for imposing a fine.

Options

You have three alternatives to dealing with your ticket:

• Plead guilty and pay the fine
• Plead guilty and go to traffic school instead of paying a fine (if that is an option in your state)
• Plead not guilty and go to trial

If you think the prosecutor will be able to prove all the elements of the traffic infraction, it may be best to pay your fine and get it over with, regardless of the consequences (internal link).

Many states will now allow traffic defendants to go to traffic school instead of paying a fine. This isn’t cheaper, because you must pay for the school, but it keeps the ticket off your record and protects you against car insurance increases because of a ticket. In most states where traffic school is an option, you can only take advantage of the traffic school alternative once in a specific period of time (such as 18 months).

If you don’t qualify for traffic school, or you simply can’t afford an increase in your car insurance, your only option is to fight the ticket in court (internal link). While you can always hope that the traffic officer won’t show up and the judge will dismiss the case against you, it only makes sense to be as prepared as possible to present your take on the facts.

Whatever decision you make, make it quickly, as there are tight time deadlines involved in defending against a traffic ticket.

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What is the procedure to tacking a ticket to court?

Tacking a Ticket to Court - Process and Procedure

Contesting your traffic ticket in court doesn’t have to be overwhelming, if you take it one step at a time and know what to expect.

Arraignment

The first time you appear in court is called an “arraignment”, “first appearance” or “notice hearing.” This is your opportunity to plead guilty and pay your fine, or plead not guilty and set up a trial date.

It’s important to go to your arraignment at the time scheduled on the ticket. Otherwise, it will end up costing you more in the long run and the judge might even issue a bench warrant against you (which can lead to being arrested and spending time in jail).

You should be prepared to post bail at the arraignment, usually not more than the amount of the ticket. Some courts allow you to skip bail and be released “on recognizance”, which means you promise to show up at trial without the necessity of bail.

It’s important not to waive your right to a fair and speedy trial, which in most states must occur within 45 days or the charge must be dismissed.

If the ticket is ridiculous on its face - such as with mistaken identity or no charge being listed on the ticket - you can try asking the judge to dismiss the case at the arraignment. This should be done respectfully and quickly, so as not to rile the judge.

Pre-Trial Discovery

“Discovery” is lawyer talk for uncovering the details of the case against you. With traffic tickets, the discovery process is less formal, but there are still some rules you’ll have to follow.

You can present the prosecutor with what’s called a “Request For Production” or “Discovery Request” of certain evidence the prosecutor will use at trial, including:

• A copy of the officer’s notes, including both sides of the ticket
• A list of witnesses, their phone numbers and addresses
• A copy of any photos or videos taken at the scene
• A copy of any diagrams or maps to be used by the prosecutor at trial
• Any other written evidence to be used at trial

Your formal written request should be served on the prosecutor in a manner that you can prove the prosecutor received it (your traffic court clerk may be able to supply you with forms and details on how the request must be served). It’s important to keep a copy of your request, just in case you need to show it to the judge later.

If the prosecutor hasn’t responded within a certain number of days (which varies by state and court), you can ask the judge to dismiss the case. The clerk of the traffic court can tell you when to file a Motion To Dismiss and help you set up a hearing date for your motion.

The Trial Process

On the day of trial, the judge will call the list of cases scheduled for that day to see if you, the prosecutor and any witnesses are present. You can ask for the case against you to be dismissed if:

• The officer who gave you the ticket doesn’t show up
• Your trial date is late enough to violate the “fair and speedy trial rule” deadline

It’s important to be on time and ready to present your case.

The prosecutor will present the case against you first. The officer who wrote the ticket will be sworn in and testify as to the facts as he or she remembers them. Don’t interrupt the testimony, but listen carefully and take notes about questions you want to ask of the officer or points you want to make in your testimony that contradict the officer.

After each prosecution witness is finished testifying, you’ll have the opportunity to cross-examine the witness, asking questions and filling in any information that may be favorable to you. You’ll want to:

• Avoid being disrespectful or arguing with the witness
• Make note of any discrepancies between what the officer says and what’s written in his or her notes or on the ticket
• Limit yourself to short questions that are phrased to help your case

Next you get the opportunity to defend yourself. If you don’t think the prosecutor proved all the elements of the infraction, you’ll want to ask the judge to dismiss the case without presenting any evidence.

You can testify if you want, but you don’t have to. If you call any other witnesses to testify, you should keep questions concise and directly on the points you’re trying to make in your defense.

The prosecutor will have the opportunity to cross examine your witnesses, including you. It’s important to stay calm and not react to any provocation from the prosecutor. Take your time to understand the questions, and only answer the exact question which is being asked. If you don’t understand the question, don’t hesitate to ask the prosecutor to clarify it for you. Don’t guess (as to distances, for example) and don’t be afraid to say you don’t know the answer to a particular question.

After both sides have presented their cases, the judge will hear closing statements from each, beginning with the prosecutor.

You’ll want to take notes on anything the prosecutor says that you disagree with.

Then it’s your turn to:

• Point out the weaknesses in the prosecutor’s case, including any contradicting evidence
• Point out any elements of the case the prosecutor failed to prove
• Emphasize any extenuating circumstances in your favor

Verdict and Sentencing

At the conclusion of closing statements, the judge will announce his or her verdict and possibly comment on the reasoning behind the verdict.

If the judge finds you “not guilty” or “dismisses” the case, you’ve won and can leave without further ado.

If the judge finds you “guilty,” the judge will then sentence you, usually the amount of the fine written on the ticket. This is the time to bring up any distracting personal problems that may have contributed to your infraction.

The court will probably expect you to pay your fine in full or make arrangements for regular payments at the end of the court hearing.

If you want to appeal the judge’s ruling, the traffic court clerk can give you the details on time deadlines and the appeal process.

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What is the consequences of a traffic ticket?

While it’s highly unlikely that you’ll end up in jail for a garden-variety traffic infraction, the consequences can be painful and expensive.

License Suspension

In most states, you can lose your driver’s license for multiple infractions within a short period of time. For serious moving violations like drunk driving or a hit-and-run incident, it only has to happen once to be in serious risk of losing your license.

While exact rules vary from state to state, most Departments of Motor Vehicles have a point system, with a certain number of points given for each type of infraction. After you get so many points, you lose your license.

You’ll be allowed a chance to explain yourself at a revocation hearing before a Department of Motor Vehicles hearings examiner suspends your license. This is your opportunity to explain any actions you’ve taken - such as alcohol evaluation and treatment- to make sure you don’t repeat your driving mistakes in the future.

If you need to be able to drive yourself to and from work, school or activities for your children, let the hearings examiner know. In many instances, you can work out a restricted license arrangement that still lets you drive in limited circumstances.

Vehicle Insurance Increases

Your car insurance can go up dramatically as a result of more than one traffic infraction. Depending on your age and your previous driving history, you may want to fight a traffic infraction regardless of your chances of success in order to avoid a large insurance hike.

How do you find out what the effect of your ticket may be on your insurance rates? The last thing you want to do is alert your insurance company directly that you’ve been ticketed, especially if you’re considering fighting the ticket. You can have a friend call anonymously and ask for rate information based on the number of tickets you have and your age. That way, your insurance company doesn’t have to know about your ticket until you’ve decided how to handle it.

If you find your insurance rates are going up as a result of your ticket, you’ll want to shop around and see if you can get a better rate from another insurance company.

Traffic School

In many states, you can go to a one- or two-day traffic school instead of having a ticket end up on your record. Of course, you have to pay for traffic school and put energy and time into attending. But it’s a sure way to avoid paying higher insurance rates. Rules as to who is eligible for traffic school vary by state.

Usually, you won’t be able to use traffic school to avoid a ticket if you’ve received another ticket recently or if your infraction was for a serious offense such as drunk driving or hit-and-run.

Fines

Even if you go to traffic school, you’ll most likely still have to pay the fine listed on the face of the ticket, often disguised as “administrative court costs” or “processing fees.”

If you decide to plead guilty to a traffic infraction, be ready to pay the fine on the spot or make arrangements for regular payments over time. Otherwise, the judge could issue a bench warrant for your arrest.

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The Law Offices of Michael L. Guisti will vigorously defend your rights to a fair and unbiased trial and guarantees that you will receive the undivided attention you deserve.

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Southern California Criminal Defense Lawyers with Vast Criminal Law Experience

The Law Offices of Michael L. Guisti handles serious charges in state and federal court. Contact a criminal defense lawyer to schedule a consultation.

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