Like it or not, many of us have been stopped and given a traffic ticket at some point in our driving lives. While it’s not the end of the world, a conviction can cost you hundreds of dollars in fines, and even more in increased insurance premiums.
But rather than just roll over and accept guilt on a ticket, an experienced traffic ticket attorney may be able to help you in instances where you feel your driving actions were justified, and that you’d like your day in court. When that’s the case, here are a few strategies for you and your attorney to consider when facing a judge.
The ticket was a “Mistake of Fact.” – You can use this defense when a driver makes a legitimate misunderstanding about the facts surrounding a violation. For example, if you come to a Stop Sign on a corner, but the sign has been covered or otherwise unable to be seen, and you roll through the intersection you made a mistake of fact through no fault of your own.
Dispute the evidence – Some kinds of tickets are judgment calls on the part of the officer and in those cases, if you present factual-based evidence or witnesses to support your version of the incident, you may be able to beat the ticket.
Argue that your actions were justified or taken to avoid harm. Don’t dispute your guilt, but attempt to justify it instead. For example, if you’re facing a speeding ticket, your attorney may be able to argue you were attempting to get away from a dangerous situation, perhaps from an incident of road rage or from a drunk driver. If you swerved recklessly and were ticketed, you might argue that it was to avoid a pedestrian or from hitting a road hazard that could have led to a serious accident.
The Law Office of David Leicht serves the California communities of Barstow, Victorville, Apple Valley, Hesperia, Adelanto, Baker, Needles, Lucerne Valley, Big Bear, San Bernardino, Mojave, Phelan, and Wrightwood. For a free consultation, call (760) 256-3104.