Missing or incorrect information on your ticket may be grounds for dismissal. [2] X Research source It has to be significant, however. For example, if the officer says you have a navy blue BMW when you, in fact, have a black BMW, this probably is not a big enough difference to justify dismissal of your speeding ticket. If the officer writes the ticket for a red Honda Civic when you actually have a navy blue BMW, that’s a different story.
If you don’t understand what you did wrong, ask the officer on the scene before she leaves. You want to make sure you understand exactly why you were pulled over and why you’re being given a ticket.
Since many laws rely on subjective judgment, all of these details can help support your understanding of the situation. For example, in 20 states – including California, Texas, and Utah[3] X Research source – speed limits are not absolute and you can make a judgment call as to whether it is safe to exceed the speed limit. Although you could still get a ticket, you could use circumstances from the time of the incident to argue you were operating your vehicle safely. [4] X Research source
If you have eyewitnesses who are willing to testify on your behalf, make sure you have their names and contact information before you leave the scene. Passengers or bystanders who will testify to your version of events can help you convince the judge that you were right and the police officer’s observations were inaccurate. [5] X Research source
This is especially important if your case depends on an obstruction or other dangerous condition. For example, if you had to swerve to avoid a huge pothole and were pulled over and given a citation for an illegal lane change, photos of the pothole would support your argument that your actions were justified. You can almost always argue that the officer was not in a good position to see what happened, especially if there are obstructions or if there was heavy traffic. [6] X Research source
Before you go to trial, request copies of maintenance records and schedules for any of that equipment. If the machines weren’t calibrated or maintained according to industry standards, you may be able to get your ticket dismissed on the grounds that the officer’s decision was based on unreliable information. For example, most radar guns need to be re-calibrated either once a month or once every other month. If the gun was not calibrated, or if the officer did not check the calibration when he issued the ticket, you may be able to get your ticket dismissed. [7] X Research source
If the officer who issued your citation filed a report or made any notes about the traffic stop, you are entitled to copies of those as well.
For example, if you didn’t stop at a crosswalk because the paint was so faded it was barely visible, the judge might cut you some slack. However, arguing that you didn’t stop because you didn’t know you were supposed to stop at a crosswalk won’t help you.
For example, if you were swerving to avoid hitting an animal crossing the road, you might be able to get a ticket for an illegal lane change dismissed. However, keep in mind that you have to be able to prove that your version of events happened. If there was nobody else in your car who saw the animal and it’s going to come down to your word against the word of the police officer, you’re probably better off to simply pay the fine. Your own inattention or personal need aren’t the same thing as avoiding harm. The harm you avoid must be something you didn’t cause. [10] X Research source For example, if you were having a fight with your sister on your cell phone and ran a red light, that argument would not excuse your actions in the event a police officer pulled you over and wrote you a ticket.
Look at the portions of the code where personal judgment come into play. Many traffic laws are not absolute and rely on the driver to make an honest assessment of what conduct is best given weather and highway conditions. For example, speed limits aren’t absolute in more than a dozen states – this means that even if you get a ticket for exceeding the speed limit in those states, you can still make an argument that the speed at which you were traveling was safe given the totality of the circumstances. [11] X Research source Nearly any violation that has the word “unsafe” in it implies a subjective judgment was made on the part of the police officer. Any time you are cited for an unsafe movement, the door is open for you to argue that from your position, your actions were in fact safe. [12] X Research source If highway signs or signals figured into your citation, check them against the Manual on Uniform Traffic Control Devices, published by the Federal Highway Administration. The MUTCD is a compilation of national standards for all traffic control devices. [13] X Research source If you can demonstrate that the relevant sign or signal didn’t meet applicable standards, your ticket may be dismissed on those grounds.
If it’s your first ticket in the jurisdiction, you may be able to take a special “no contest” plea in which you pay a reduced fee and the violation doesn’t add points to your license or go on your insurance. [14] X Research source
In most jurisdictions, the police officer who issued your citation is required to show up at your hearing. If he does not appear, your ticket may be dismissed automatically. If you were given a specified date, consider postponing it. The officer may also be too busy, have several hearings on that date, or have simply forgotten about you, giving you a shot of getting your ticket thrown out. When you call the court to postpone the date, tell the clerk to have the trial on a date that is very inconvenient for the officer, like around the holidays or summer vacation which will annoy the officer. Do not go with the date they recommend, most likely the officer will show up. Requesting a continuance also may increase the chances that the officer isn’t available to show up. [16] X Research source
Treat all court staff with respect. If there are other cases being heard before yours, take a seat and wait your turn. When you are called to come forward, address the judge as “your honor” and don’t speak unless you are asked a question. Leave your mobile phone or any other electronic devices at home or in the car – don’t try to bring them with you into the courtroom. Organize your documents and evidence before you get there so you aren’t shuffling through papers if the judge asks for something.
If you’ve brought witnesses to testify on your behalf, keep your questions brief and make sure they stay in line with what you’re trying to prove rather than digressing. [17] X Research source
Don’t insult the police officer or accuse her of lying. If it comes down to an argument between you and the police officer without any factual evidence, the judge probably will believe the police officer.
You want to establish some doubt in the officer’s mind, as well as in the judge’s mind. The officer may have walked into that courtroom absolutely convinced that she was correct in giving you a ticket, but if you can place doubt in her mind she may become less sure of herself. If the officer isn’t entirely sure, the judge won’t be sure either, and might dismiss your ticket. Create uncertainty in the officer’s mind by challenging her subjective conclusions. Police officers often don’t know the exact wording or interpretation of a law. The officer who pulled you over may not have realized that she has to make a judgment call every time she writes a ticket for violating a law that requires safe or responsible vehicle operation. [18] X Research source Ask the officer how she came to the conclusion that your driving was unsafe or irresponsible, and then provide her with evidence she didn’t have at the time. For example, suppose she gave you a ticket for an unsafe lane change. She only saw you swerve erratically into the left lane and then back into the right; however, she didn’t see the deer crossing the road that you swerved to avoid. This information might change her judgment, since it would be safer for you to swerve than to hit the deer. You also can impeach the officer’s testimony by challenging her observations. [19] X Research source This is why you talked to witnesses and took photos of the scene. For example, suppose you ask the officer to describe the weather conditions when she pulled you over, and she says it was bright and sunny. If you have a photo showing that the conditions actually were gray and cloudy, use it to cast doubt on her observations. When she later says she’s certain your car was the one that was speeding, you get the opportunity to ask her how certain she is – as certain as she was that it was bright and sunny?
If the judge rules against you and you decide you want to appeal, ask the court clerk for information on the appeals process. [20] X Research source
