How to Beat a Ticket in Traffic Court
It is always worth taking a shot at defending yourself against a traffic ticket. There are a few things that could happen in your favor that might result in the magistrate or judge throwing your traffic ticket out; saving you from paying. By popular demand, here is some advice on beating a ticket in Massachusetts traffic court, but these principles could be applied to any state.
To beat a traffic ticket, the process starts as soon as the lights and sirens blare on the officer’s cruiser. When you see and hear the officer, pull over in the first safe spot that you see. Make sure that you signal properly, and try to do whatever you can to make the officer comfortable while approaching your vehicle. You may want to keep your hands visible, don’t fidget around in your car (besides preparing your documents), and if it’s dark; consider putting your dome light on so that the officer can see inside your car.
Put yourself in the officer’s position; how would you feel approaching the car of a stranger who you may have just seriously aggravated? Do whatever you can to make them comfortable. Also, doing these things shows you are a considerate and respectful person, reducing the officer’s desire to give you a ticket.
Once you are pulled over, and you’ve done all you can to be polite, it is time to converse with the officer about your traffic stop. As he approaches the vehicle, take a deep breath and remain calm. Roll down your window, keep your hands on the wheel, and don’t let your eyes be fleeting all over. Follow all of the officer’s orders to the letter. Also, when the officer asks you questions, answer them briefly, always ending with “Sir,” “Ma’am,” or “Officer.” Be genuine and keep any sarcasm in check. The ultimate goal at this point in the traffic stop is to make things as easy as possible for the officer, and also keep from doing anything to make them remember your particular traffic stop. If you do get a speeding ticket, and you appeal it, you don’t want the officer to have a grudge against you and compel them to make sure that you pay. Hopefully, if you are respectful enough to the officer, and you weren’t doing anything too unreasonable, the officer will issue you a warning for the traffic stop and you’ll have beat the ticket right then and there.
Now, if you are issued a traffic ticket, here is what you’ll do. Examine the ticket thoroughly; any mistakes on the ticket can work in your favor. Upon receiving the ticket you will have a certain number of days to check a box on the reverse side stating that you wish to appeal the ticket, and then mail the ticket to the state. Don’t be late mailing the ticket. Before you mail the ticket, create a copy for your files. You will also need to pay a fee in order to appeal (just follow the instructions on the ticket). Once the state receives your ticket appeal, they will mail you a letter telling you when you are to appear in court. Sometimes it takes weeks or even months before you will have to appear in court, take this time preparing your case, and practicing your presentation.
In regard to your argument, do whatever you can to convince the magistrate or judge that you didn’t deserve the ticket. For example, if you haven’t been pulled over in years (you can get a copy of your driving record through the DMV as proof), they may cut you a break, or if you are new to an area and were unfamiliar with the road. There are also some technicalities in the law that may free you from your traffic ticket. For example, if the speed limit sign is not adequately displayed and kept (covered by snow, tree branches growing in front of it, etc.) by the town or city, you may use that as an argument, and if there are other cars traveling in front of or behind you, that may also be used. There is a large list of arguments you can use, just be reasonable and accurate. You can find all the laws on traffic violations in Chapter 90 of the Massachusetts General Laws, or refer to your state’s general laws to find out their policies.
On the day you have your court appearance, dress professionally. Again, you want to be respectful (seeing a pattern here?). Make sure that you arrive to the courthouse early, as you will have to register and pay a fee. Also, make sure that you keep your cell phone at home or in your car. Many courts don’t allow cell phones at all and you won’t be permitted to enter with it on you. After you have registered it is time to plead your case. The first appeal is typically to a magistrate in the presence of a police officer (not typically the one that pulled you over). Make sure you are polite and respectful to both the magistrate and the officer as you make your points. If the magistrate sees things your way, he will throw out your ticket. If the magistrate doesn’t throw out your ticket, you should opt for a second hearing with a judge and the actual officer who pulled you over. If the officer does not show up to the second hearing, you automatically win the case and your ticket will be thrown out. If the officer does show up you will need to argue your case again to the judge. You will also be given the opportunity to cross-examine the officer to find flaws in his reasoning, so be prepared. If you simply don’t win your case, ask for the judge to reduce the fine.
You should always take the opportunity to beat a speeding ticket so long as you have a chance of winning. You will possibly get out of paying large fines and insurance increases, and it will at least delay the immediate payment, saving you money in the short term. If you follow this advice you stand a good chance of beating a speeding ticket. Ultimately though, the result depends upon how well you prepare your case, and the discretion of the magistrate or judge. Just keep in mind, you have just as much right to defend your traffic ticket as the officer has to issue it, so don’t be intimidated by the legal system. It is neither your friend nor your enemy, it is simply the law.
Disclaimer: The information found on this site is not, and should not be considered, professional legal advice.
Always consult a professional before taking any sort of legal action.