The one thing certain for every person who drives is at some point even careful drivers will have a day when they get a traffic ticket. This is a citation for violating a traffic law, running a stop sign, making a right turn in at a no right turn light or other infraction.
The good news there are strategies that offer ways to fight a traffic citation and win. The style of strategy will depend on the category of the ticket the driver was written at the time of the incident.
These strategies are for moving violations rather than a parking violation. Parking violations while necessary to either pay or fight they are not designed to add points to the driver’s license. Though, in some states, it is possible to lose driving privileges until payment of multiple parking tickets.
Once points are added to a license, they will remain for a specific number of years. If the driver obtains several tickets over this period of time they are totaled together. This amount of points can result in the loss of driving privileges for an amount of time.
Here are 5 types of traffic violation tickets drivers can challenge:
1. Speeding Tickets using Radar
Speeding tickets on highways done by a radar gun can be a citation that can be fought. It may not always win but is equipment that requires calibration.
Strategy to Challenge:
This is a method of resetting it to be correct and may not be done as often as it should. If someone calls it into question and records, prove it has not been conducted by the book the ticket can be tossed out. The radar calibration is done using special tuning forks unique to the radar unit. The radar gun is to be recalibrated before the police officer’s shift and after it is used for one person going over the speed limit.
2. Improper Stopping
This often is one of the more common tickets driver’s get. The infraction can be undoubtedly wrong but then at times, the driver has a valid reason. It’s reasonable to fight the citation in certain situations. Another situation can be when a stop sign is hidden by trees or shrubbery until the driver is right upon it. The driver may not have time to stop safely and if no other vehicles are coming in other directions, it may have been safer to slow to a near stop.
Strategy to Challenge:
The validity of a traffic ticket issued in a situation that a crosswalk is located. But the paint so worn that it is not obviously visible can be one reason to challenge the improper stopping ticket.
3. Failure to Yield
The failure to yield is a traffic violation that in general happens at a four way or three-way stop sign rather than a traffic signal. The four-way stop is easier for drivers to know which motorist should go first. The three-way stop is a little different but not coming to a full stop and failing to yield. This can also be a failure to yield correctly when making a left-hand turn to oncoming traffic.
Strategy to Challenge:
This is a ticket that may be questionable to challenge. But one strategy that can be used is the driver’s perception of the incident as compared to the officer. If the driver has a witness, it can help solidify the driver’s the failure to yield citation fight.
4. Careless Driving
This ticket is common and issued by police for several kinds of violations. This is also a citation that might be issued after a collision to the driver at fault such as hitting the back of a vehicle directly in front. It can also be a ticket given for passing a vehicle when there is an oncoming vehicle or other risky maneuvers.
The ticket given when a collision happens is done due to the driver’s actions that may have caused a collision with another vehicle.
This is a separate violation from reckless driving citations since they issue this to drivers speeding and putting other vehicles and pedestrians in danger of being harmed. Another reason for this ticket can be due to running red lights, stop signs or failing to yield to the right-of-way to pedestrians.
Strategy to Challenge:
This class of ticket can add points to the drivers license and when challenging the ticket the driver must prove their case. Several methods including eye witnesses or photo evidence can do this. In a number of cases, the driver may have needed to cross double yellow lines to avoid an obstacle, animal or disabled vehicle. This might be enough evidence to show why the risky maneuver was done for safety.
5. DUI/ DWI
This is one of the most serious of citation that a driver can get. This is when a driver is pulled over by a police officer for driving under the influence or driving while intoxicated. It is one that can have criminal charges attached to it that in various states can be a felony. The first DUI citation is serious but not as getting a second or third infraction.
Strategy to Challenge:
The common testing done is either a breathalyzer test or urine test. Both can be called into question and while it will not normally get the charges dismissed, it can lower the citation to reckless driving or another lesser ticket.
Breathalyzers depend on being correct calibration and administered right. The urine testing while more precise can be called into question if only one test was conducted. This is a complex sort of challenge nevertheless, it can be won.
The Risk of Not Challenging Traffic Citations
Drivers who decide to pay a speeding ticket or other infraction can have two risks. The first is points on their driver’s license. Depending on the infraction and the amount of points they have on their license they risk losing driving privileges for 30 days to several months or longer.
The second risk is when points are added to a driver’s license they run the risk of their auto insurance premiums going up. The insurance companies see traffic tickets as a risky driver even if the infraction did not cause an accident.
These two reasons are why challenging the traffic ticket is worth the effort rather than just paying it in the allotted amount of time. The more serious the traffic violation it may be wise to obtain legal help in fighting the ticket or charges.
