You may have opted to go to court after getting a traffic ticket (speeding ticket, moving violation, etc.) in Greensboro, North Carolina or the surrounding area. However, before you head to court to defend yourself, you’ll want to make sure you have a solid, ready to present case.
Unbiased Observations
You have the option of disputing the officer’s account of the incident, albeit doing so may prove challenging. It ultimately boils down to whether the cop or the driver is telling the truth, and the officer generally comes out on top. If you can prove that the police officer was not in a good position to view what was going on, or if you have witness statements from other people who saw the incident that corroborate your narrative, you may have a case. Images and diagrams could show that the police officer’s view was restricted.
Discerning Opinions
A police officer must use their discretion when deciding whether or not a driver has broken a traffic law. This occurs frequently when the “unsafe” behavior of the driver is a component of this. Because of the relative nature of the term “safe,” a driver may argue that their behavior was appropriate under the conditions. In states where the speed limit is presumed rather than explicitly displayed, this may even constitute grounds for contesting a speeding ticket. If traffic was light, the sky was clear, and you weren’t going much faster than the speed limit, you might be able to argue that your speed was reasonable under the circumstances.
Legal Justification
In some cases, you can contest a ticket without claiming the police officer was wrong or telling you anything but the truth. To have a legal justification for an action that looks to be illegal is to have a valid rationale for taking that action. In traffic, it’s not uncommon for drivers to slow down before making a turn. However, they could risk getting a ticket for going too slowly from an officer. While this may be true in a strict sense, there is good reason to slow down when negotiating a turn.
Necessity
In extreme cases, you might be able to claim that you broke a traffic law to preserve yourself and others from danger. In cases where you swerve to avoid hitting a person who unexpectedly stepped out in front of you or if you are transporting a passenger to the hospital due to a life-threatening situation, you may be able to use the necessity defense. You might also have a case if your car unexpectedly breaks down and forces you to stop or swerve.
Defending a Traffic Ticket: Possible Arguments
These are important things to think of when preparing your case against a traffic citation; however, your traffic lawyer can offer more suggestions and guidance based on your specific case.
The arresting officer’s line of sight may have been blocked; was this the case?
The officer’s field of vision may be obstructed by other cars in motion or by trees, fences, or structures that are immobile. Therefore, it’s possible that they witnessed something that didn’t actually occur. You may be able to claim in court that the officer lacked sufficient field of vision to see the alleged infraction if you determine that there was a barrier to their view.
Was the right car pulled over by the cop?
A police officer may be able to pull over a second black SUV further down the road if they witness that vehicle committing the same type of violation they saw earlier. If you can prove that the police officer lost sight of the actual offending car due to road construction, high traffic, or a sharp turn in the road, you may have a better chance of getting your case dismissed.
Did the officer make a mistake in his or her decision to issue you a citation?
Were you issued a speeding ticket, and if so, was the officer’s use of a pacer or radar/laser equipment accurate? Keep in mind that accusations of widespread shortcomings in radar rarely result in charges being withdrawn. However, you may have a good defense if you can show that the machinery in question was defective.
It’s not always easy to dismiss a traffic ticket. Most drivers who receive a ticket simply pay it because they don’t think it’s worth the trouble to fight it. You should be aware that a traffic ticket could have far-reaching effects. If you have multiple fines, for instance, your insurance rates may go up and your license may be suspended. It makes sense to look into your options for contesting the ticket before handing over any cash.
When contesting a ticket, proving that you did not break the statute in question is a typical tactic. Elements are components of a traffic regulation. A driver must have committed every aspect of violation of a rule for a citation to be legitimate, just like a criminal defendant. They may be successful in having the case thrown out if they can demonstrate that the evidence does not support one or more of the elements. If the cop does not show up to court, as happens very often, the judge will likely dismiss the case as well. However, if you are eligible for traffic school, you may choose to take advantage of this alternative rather than risking a positive outcome in court by either arguing your case or praying that the officer does not show up. If you don’t ask for traffic school at the outset, you might not be able to get your ticket dismissed.
Avoiding a Fine When Challenging a Traffic Ticket
While a motorist might be persuaded by a certain line of reasoning, a judge is more likely to see through such arguments as being flimsy. Saying you were unaware of the law, accusing the officer of lying, or arguing that radar speed checks are not 100% accurate are not arguments likely to help your case. A driver may feel that they should not be issued a ticket if their actions did not cause any harm or put anyone in danger. Unless the person’s ticket involved a violation of an assumed speed limit, this is usually irrelevant.
Some motorists feel the police officer unfairly picked on them when others were behaving similarly. Selective enforcement is a weak line of defense since it requires proving that the police officer did not have good intentions.
We Can Be of Service
You’ve found the right place if you were issued a traffic ticket in Greensboro. Lawyers in Greensboro, North Carolina, that specializes in traffic violations, understands how important it is to get a speeding citation resolved favorably in order to avoid points on your license and an increase in your insurance premiums. Please visit our services page for additional information: https://www.garrettandwalker.com/