Fighting a Traffic Ticket: The Basics

Most individuals who have received traffic tickets over the years feel that they have received one or more unjustly. Some individuals decide to internalize their distaste for the situations while other desire vindication and decide to fight their ticket. Unfortunately, many of those individuals that decide to fight their tickets lose their cases due to a lack of knowledge. This article will discuss some key elements that will hopefully help to change that.

The first step in fighting a traffic is to determine what type of charge you have been accused of. If the charge is deemed a civil infraction, then most likely you will only face a fine and possibly points on your driving record. On the other hand, if the charge is a traffic misdemeanor, you may face criminal charges, and if found guilty, this will develop or add to your criminal record. Thankfully, in many traffic misdemeanor cases it is possible to gain a plea bargain, which will allow for the charge to be dropped down to a civil infraction.

When dealing with a civil infraction, one should understand the Department of Motor Vehicles (DMV) point system and its possible effects on his/her license and insurance policy. Points are only added on an individual’s license when s/he has been convicted of a traffic or driving violation. The amount of points is determined by the state, so it would be beneficial to check the DMV site for the state occupied to determine the number of points one will be facing. Points stay on person’s record for eighteen months, and if someone collects a total of eleven or more points within that eighteen month span, his/her license will be automatically suspended. To add insult to injury, if the individual’s insurance provider deems him/her as a risk, the provider can increase the individual’s rates or drop him/her as a customer. With a large number of points on one’s driving record, he/she would have a very difficult time securing another insurance provider. This would be unfavorable and disastrous, considering that it is unlawful to drive without a driver’s license.

Besides fighting a traffic ticket, you can attend traffic school to avoid or reduce point penalties. By attending traffic school, also known as a point and insurance reduction program, you can reduce the points on your driving record by four points and may also receive a ten percent reduction in your liability and collision insurance premium from the insurance company for up to three years. The point and insurance reduction programs are provided through private companies and corporations and are designed to relay current information about safe driving. Point and insurance reduction programs are offered in a classroom setting, as well as through alternative delivery methods, such as over the internet, on CD, DVD, video, or cable television. The lengths of the different programs vary by type of course, provider, and (in the non-classroom setting cases) by individual effort; on average, the motorcycle safety/accident prevention course takes considerably longer. Once you have successfully completed the course, you will receive a certificate of completion in the mail. The course provider will notify the DMV about the your successful completion of the course within ten weeks, and once the DMV receives it, your driving violation points total can then be reduced by four points. You must present the certificate of completion to your insurance agent personally within ninety days of completing the course to receive at least the minimum ten percent reduction in his/her liability and collision premium, retroactive to the date of course completion.

When reducing driving violation points is not enough, some individuals choose to fight their traffic tickets. Especially when facing criminal charges under a traffic misdemeanor, individuals should seek consultation from a traffic ticket attorney. With their strong knowledge of the legal system, traffic ticket attorneys possess the knowledge and skills to get a case dismissed or to at least get it knocked down to a civil infraction. Even in the case of a civil infraction, if an individual does not reside in the state in which he/she received the ticket, it would be beneficial to the individual hire an attorney in that state to represent him/her in the case. In many cases, an attorney can represent his/her client in a traffic case without the client being present.

One of the great founding principles of the United States is justice, and over the years it has remained a principle that Americans hold dear. When unfair traffic tickets threaten to infringe on an individual’s right to justice, he/she has the right to defend it. Armed with knowledge of the system, individuals will be better equipped to defend themselves and hopefully receive their desired outcomes.