Between the base fines, added penalties, insurance premium increases and possible license suspensions, traffic tickets can be costly. So, it is often prudent to fight back against them. Here are a few of the tactics used by California traffic ticket lawyer to fight:
Prove the Violation Was Justifiable:
In some cases, lawyers can show that your traffic violation was legally justified. This is a useful tactic because it avoids the need to contest the violation. For example, stopping on a highway is illegal but may be justifiable if you stopped due to a dangerous-sounding noise coming from your engine.
Prove the Conduct Was a “Mistake of Fact:”
Sometimes roads and signs are not as well kept as they should be. This can lead to a “mistake of fact.” If you don’t stop at a stop sign because it is not clearly visible, this strategy would be a viable approach.
Contest the Officer’s Evaluation:
Many states, including California, allow tickets to be issued based on subjective evaluation by the police officer. For example, depending on the conditions, you may be issued a speeding ticket even if you are below the posted limit. Traffic lawyers often contest whether this subjective conclusion was justified.
Present an Alternative Version of the Truth:
Even if the police officer made objective observations of your driving, there may be some leeway. For example, if you were cited for not stopping at a red light before making a right turn, your lawyer may be able to show you stopped slightly further back, out of view of the officer.
Show Your Conduct Was Necessary:
Emergencies sometimes necessitate speeding or other typically unsafe driving. For example, you may exceed the speed limit to pass a truck that is dangerously swerving.