For all sorts of reasons, including the officer being on vacation, having a scheduling conflict, having been transferred, or not being notified of the court date, cops often miss court hearings.
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Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Traffic Ticket? Evaluate your chances of fighting a traffic ticket before you go to traffic court. When It's Not Worth Fighting a Ticket For many drivers, it just isn't worth the time and energy it takes to fight a ticket. Study the Law You Are Charged Under Believe it or not, cops sometimes don't know the exact wording of the law, and it is the exact wording of the law that is most important to you if you are going to fight your ticket.
For example, in most states, the U-turn law reads something like this: No person in a residential district shall make a U-turn when any other vehicle is approaching from either direction within feet, except at an intersection when the approaching vehicle is controlled by an official traffic control device. So, establishing a violation of this law requires the government to prove the following parts: you were driving in a residential district you drove your vehicle in a degree turn—a U-turn another vehicle was approaching within feet or less, in front of or behind you, and there was no traffic control signal at the intersection controlling the vehicle approaching you.
Consider All Viable Defenses In most cases, you won't have a technical defense based on the elements of the offense. Defenses that Might Succeed The best strategies for fighting a traffic ticket depend heavily on the specific circumstances. Defenses that Rarely Win Drivers frequently come into traffic court with excuses that don't amount to legal defenses.
When the Officer Doesn't Show Up in Traffic Court No matter what your defense is, you normally win if the officer fails to show up on the day of the trial. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Evidence could include dashcam video or GPS data from a smartphone app, or photographic evidence that a speed limit sign was obscured.
Research speed equipment. Look up the method the officer used to clock your speed, note its weaknesses and prepare to present them. Instruction manuals include maintenance schedules you can question the officer about, and they may note radar gun weaknesses, for example.
Make witness arrangements. You can call in witnesses, including any passengers in the car when the ticket was issued. Plan your questions. You can question the issuing officer, including about his or her memory and training with speed-clocking equipment. These lawyers typically specialize in DUIs and more serious cases, but some take speeding ticket cases. Considering the costs, hiring a lawyer is likely worth the money if your ticket is particularly expensive or could result in the loss of your license.
In some areas, you must request mitigation in writing. Typically in mitigation, you admit to the offense and present information that would lead a judge to grant you leniency.
Outcomes may include:. You take a driving course instead of paying the speeding ticket. The ticket is reduced to a lesser fine. There are other possible ways your speeding ticket can shake out. For example, depending on where you live:. Your state may waive your first moving violation if you take a driving course.
Failure to appear for any date can result in a license suspension or arrest warrant. If your case is a violation, you can lose the case by a default judgment and end up with a large fine.
In many courts, if you plead not guilty to a misdemeanor charge, you may appear three or more times -- for the arraignment, pre-trial hearings, and at the trial. The pre-trial hearing generally provides an opportunity to your lawyer to negotiate or plea bargain with the prosecuting attorney. If you can't afford an attorney, but still feel you are innocent of the traffic violation or there were unusual circumstances in your case, request a trial of your case.
That way, the officer who wrote the ticket will be notified to be there, and the judge can hear both sides. Before you go to court, prepare your case. Check the law you are accused of violating to make certain you understand it. Oregon Revised Statutes can be found in the courthouse law library, many public libraries, and on the Internet. Chapters , and contain the laws that apply to most cases. These laws are sometimes printed in a separate book called the vehicle code.
If photos, diagrams or maps will help your case, bring them to court. Bring any witnesses, especially people who were in the car with you at the time of the alleged violation. On the day of your trial, be sure to arrive early. Parking is usually limited, there can be lines entering the courthouse and it may be hard to find the correct courtroom.
It can help to watch other cases, so you know what to expect. As much as possible, present your defense in clear and simple terms. Avoid legal terms you don't understand. Tell your story the way you see it. The court is usually very helpful to people without lawyers. Tell the truth, and present your case carefully. If the judge does decide that you violated a traffic law, the judge will enter a conviction on your driving record and will charge you a fine.
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