Ways to fight a traffic ticket

by MoneyNing


I read an article on bankrate.com which I thought was interesting (and potentially a real money saver for many of us) so I will give a little summary here of the main points said. You can read the link here:
http://www.bankrate.com/brm/news/auto/20070330_traffic_ticket_court_a2.asp

“Don’t immediately pay the fine”
This is automatically saying that you are guilty.

“Never plead guilty or no contest if this is your first offense”
You have a very good chance of keeping your record clean if you have never had a citation before.

“Check the paperwork”
You can go to the courthouse to file a discovery of motion or a public records request. Check the officer’s notes, radar gun calibration records, and verify that everything was recorded correctly. Any mistakes, out of date or non-existant documents mean you win by default!

“Contest!”
You can either ask to speak with the assistant district attorney and state reasons why the charges should be reconsidered. Many people even do this through the mail (known as “trial by declaraion”). There is a good chance they will drop the charges if you have a detailed and well-thought-out defense. One reason is that if the officer doesn’t submit his/her own written rebuttal, it’s a one-sided argument.

“Delay or postpone the court date”
The later the date, the longer you don’t have to pay the increase in insurance premium just in case you do not win. The main advantage in postponing is that it can significantly increase the chances that the officer won’t show up during trial. This is important because most judges will drop the case if the defendant cannot question the accuser (officer) as it is the defendant’s right.

“Contest even camera-issued tickets”
You win when the video or photos are not brought to the courthouse (happens sometimes). Even if they do, there is no human subject to question other than the officer that viewed the picture. The advice here is that if the person who viewed the picture opens his month, you object because its hearsay (I didn’t know what this meant so I looked it up. Hearsay – Unverified information heard or received from another; rumor.) and the ticket will be dropped.

Some of these tactics might be immorally wrong for some but here they are! Try not to get a ticket since they just get in our way to become millionaires.

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{ 6 comments… read them below or add one }

Adventures In Money Making August 22, 2007 at 10:39 am

i just got a ticket for running a red light & it was camera recorded.

i hired an attorney – she says we have a 50% chance of winning!

Reply

MoneyNing August 23, 2007 at 2:00 pm

Adventures: Yeah I heard that those pictures must CLEARLY be able to identify without question. So I bet the attorney will try to fight it that way.

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Douglas Karr October 7, 2007 at 12:44 pm

I haven’t got a ticket in quite some time, but one thing I used to do was hire my family attorney to represent me. It would cost me $100 to $300 to have him show up in court but:
a. I used to be heard first.
b. He always was able to get it dismissed or reduced to a non-moving violation.

Either way, I wound up with a reduction in fees and/or paying no increase in insurance. Say what you’d like about attorneys, but a good one is worth the money!

Reply

MoneyNing October 8, 2007 at 9:28 pm

Douglas: I am glad you found a way to save yourself some money! I wonder what the charges of the attorney are since you are paying $100 – $300 per visit and you have a relationship with the guy.

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Ric F. November 20, 2008 at 3:15 pm

This is an excellent post about the hidden costs of paying your traffic ticket. Most people pay their tickets figuring they are guilty and assuming they have little recourse in Court. I am an NJ traffic ticket attorney in New Jersey, where we have the highest car insurance in the land, and the cost of the ticket is only the beginning. There is no hard and fast formula for computing the additional insurance cost (variables include your insurance company, your driving record, your age, etc.) but it is usually VERY cost effective to go to Court and deal with the Prosecutor. He/She usually has your case and dozens others and is inclined to offer you some form of plea bargain just to get the case resolved. It doesn’t hurt to have an attorney if you have a high point ticket or a number of moving violations as an attorney will frequently be able to get your a better disposition than you can yourself.

An excellent article was posted on MSN Money at http://ticketscratcher.com/.

The moral of the story is DON’T JUST PAY YOUR NJ SPEEDING TICKET. There is a way to cut the bleeding and avoid all that added insurance cost.

BTW if you have a NJ Speeding Ticket or other New Jersey Traffic Ticket you can submit it to me at my office website http://www.njpleabargain.com.

Again, great post!

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Gene Park February 24, 2009 at 9:22 pm

I was given two citations for alleged going 80 on 65 and for pulling over to the left shoulder instead of my right. I was given a citation prior to this one for not pulling over immediately for over $200 and the officer told me to pull over anywhere immediately as soon as I hear the siren. With that being said, I pulled over to the left because it was closest to me, but instead I got yelled at for “attempting to kill an officer on duty” and wrote me bogus citation. I hired an attorney, got rid of the tickets and the record for half the cost and no hassle of even showing up to the court to waste my time.

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