| | Fighting Your Traffic Ticket | | | | | Tips from an Experienced Traffic Lawyer
Before you decide to fight your traffic ticket and hire a traffic attorney in California, remember:
The person carrying the gun, and wearing the uniform and the badge, will usually win. However, there are a few things you can do. Because of our expertise in the traffic law, and acting as a traffic attorney in California to hundreds of clients, we’ve learned some great techniques to help you make the most of your day in court.
Remember, this is a criminal proceeding—you may be helped by hiring a traffic lawyer. Always remember that the burden of proving that you are guilty is on the police officer. For example, the police officer has the burden (the legal responsibility) to prove that you were speeding, didn’t come to a complete stop, etc., and the amount of proof the officer needs to convince the judge that you were guilty is beyond a reasonable doubt. Therefore, it’s your job to raise a reasonable doubt.
Wear proper courtroom attire. Your actions should reflect that you respect the court. Never argue or speak directly with the police officer (except on cross-examination).
Before you decide to fight your ticket remember:
The person carrying the gun, wearing the uniform and badge, will usually win. However, there are a few things you can do.
Remember, this is a criminal proceeding, therefore, the burden of proving that you are guilty is on the police officer. For example, the police officer has the burden (the legal responsibility) to prove that you were speeding, didn’t come to a complete stop, etc. beyond a reasonable doubt. Therefore, it’s your job to raise a reasonable doubt.
Wear proper courtroom attire. Your actions should reflect that you respect the court. Never argue or speak directly with the police officer (except on cross-examination). If you need to address the officer, address her through the judge. Refer to the judge or commissioner as "your honor" when speaking directly to her, or "her honor" when referring to her.
1. Ask the Officer Questions Regarding Her Conclusions.
Ask the police officer questions regarding what happened before, during and after the stop. For example, for tickets for making an unsafe left, argue that your actions were "safe and responsible," considering the traffic conditions that existed at the time. Show the judge, by asking the officer questions, that the officer was unable to see what really happened or was too busy doing
something else.
If you were given a speeding ticket for violating the Basic Speed Law (Vehicle Code section 22350), the officer has the burden to prove beyond a reasonable doubt that you were driving at a speed greater than is "reasonable or prudent" taking into consideration things like the weather, traffic and road conditions that existed at the time.
2. Challenge the Officer's Observations.
Gather evidence:
Statements of witnesses, such as passengers or bystanders, who can testify to your version.
Prepare a clear, easy to understand diagram showing where your vehicle and the officer's vehicle were in relation to other traffic and key locations and objects. Ask the judge for permission to approach the board and attach your diagram. Then ask for permission to mark the diagram as a defense exhibit. You can then ask the officer questions about the scene to test his memory. You can also use the diagram when you testify.
Take photos of the scene. Make a copy for the judge, the officer and for yourself. Ask the judge for permission to mark each photo as a defense exhibit before you ask the officer questions or testify using the photos.
Ask the officer how many stops the officer has made in her career, and since the stop. This may show the judge that the officer has made so many stops that she has confused another stop with yours. On the other hand, in your closing argument, argue that your memory is better than the police officer’s because this is the only time that you have been stopped in the last 5 years.
3. Prove Your Driving Was a "Mistake of Fact." Show that you made an honest and reasonable error.
Here are examples:
You failed to stop at a stop sign because the sign was hidden by a broken branch. Take photos of the obscured sign and show them to the judge.
You failed to stop before coming to the crosswalk because the lines were faded and could not be clearly seen.
4. Prove Your Conduct Was "Legally Justified." You may also show that your actions were "legally justified" considering the circumstances.
Here are examples:
You are forced to stop on a freeway because your car had begun to make a loud and dangerous-sounding noise and you fear you would put other drivers in danger if you continued to drive without checking it out,You had sudden and severe chest pain and safely exceeded the posted speed limit to get to the doctor, whose office was only one half mile away.
5. Prove Your Conduct Was Necessary to Avoid Harm.
An emergency not of your own making is another affirmative defense known as "necessity." Show that you were forced to violate the law in order to avoid a serious and immediate danger to yourself or others.
Here are examples:
Driving in the slow lane, you are boxed in from the back and the left side by speeding cars. To avoid colliding with a car entering the highway from the right, you accelerate well beyond the posted limit.
Because there is a car just to your right, you briefly speed up to avoid being rear-ended by a super-aggressive big rig that is tailgating you. Once you are in the clear, you move to the right and resume a legal speed.
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