How to beat that traffic ticket |
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"Many times, one of those documents turns up out-of-date, doesn't exist or is inaccurate and you end up winning by default because they don't have their paperwork together," says Carroll.
Scott McCoy, a driver from northern California, recently
beat a ticket by filing motions until he found erroneous paperwork. If
all the paperwork is in order, offenders can then attempt to speak with the assistant
district attorney and state their reasons why they should reconsider the charges.
Carroll says that many people are successful by simply contesting their ticket
through the mail (also known as "trial by declaration") with a detailed
and well-thought-out defense. Defendants can have an advantage with this method
because, unless the officer submits his or her own written rebuttal, it's a one-sided
argument. "Very few people fight their tickets with the
trial by declaration option. Unless it's a kangaroo court, the judge will usually
drop it if you make a coherent argument," says Carroll. When
faced with a court date, try to delay or postpone the trial as long as possible.
In many courts, it's not uncommon to have a court date three months after the
offense occurred. At the very least, a postponement in the trial is postponing
a conviction and the resulting increase in insurance premiums. Quinn also recommends
asking for a trial by jury because it places a further burden on crowded courts
and increases the chances of dismissal. Another advantage in
postponing the court date is that it can significantly increase the odds that
the officer will not be present during the trial. Because a defendant always has
the constitutional right to question their accuser, most judges will drop the
case if the officer does not show or submit testimony. "You
always want to make it more difficult for them to show up," Carroll says.
"Never go with the date on your ticket. That's usually a 'gang date' for
the officer. If you schedule for an extension that falls on a different day, chances
are they aren't going to come in on their day off just for you." | 
