how do i fight a traffic ticket in california?

\u00a9 2023 wikiHow, Inc. All rights reserved. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Fighting a traffic ticket can be a challenge, but if you have hard evidence that the officer made a mistake, you can win the claim. All rights reserved. The camera is meant to take a picture of your vehicle, driver, passengers and license plate. The time will then be mathematically calculated to produce a miles-per-hour reading. This article has been viewed 1,935,980 times. References. Here, challenging a ticket involves challenging whether or not the officer saw you perform the ticketed action. Thanks to all authors for creating a page that has been read 1,935,980 times. With this technology, the officer measures the distance between two points (say, for example, a telephone pole and a mailbox). Contact Calvin Barry Lawyers for a free consultation , 416-938-5858 . The harm you avoid must be something you didn't cause. Complex traffic tickets usually require a lawyer, Experienced lawyers can seek to reduce or eliminate penalties. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. 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. However, that only aggravates the situation. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. 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. Photographs can help you if, for example, they demonstrate your claim that a stop sign was obscured by an overhanging limb, or show that a traffic light was out of power at a certain time of day. If you have a photo showing that the conditions actually were gray and cloudy, use it to cast doubt on her observations. In most jurisdictions, the police officer who issued your citation is required to show up at your hearing. There are very few circumstances when you'll need to retain a lawyer to help take care of a traffic ticket. However, there are certain types of arguments and evidence that you can present that may help your case by calling into question the officer's observations. Gather evidence and bring it with you to trial. By using our site, you agree to our. Generally, extensions of payments aren't allowed, so ensure you pay the ticket on time or risk additional fees. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Create uncertainty in the officer's mind by challenging her subjective conclusions. Request the officers notes to see if theres a transcript of you admitting that you were speeding, which will discredit your case. Consult an attorney. 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? The California Vehicle Code outlines traffic laws and the penalties for violating them. Also, if you are arguing that you had to speed out of necessity, then only you can supply the reason that created the necessity. These are your options if you want to just pay the ticket and get over with it: Online. If you do not hear back in three weeks, then you should call the court clerks office and ask about scheduling a hearing where you can present a Motion to Compel Discovery. At the hearing, you should show the judge a copy of the written request sent to the police department. We will be there when you call. Furthermore, you could argue that rain, wind, and storm clouds sent back erroneous speed readings. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Normally, the judge will order you and the citing officer to come back to court for your trial. Since many laws rely on subjective judgment, all of these details can help support your understanding of the situation. Get your ticket dismissed for $99 100% Money-Back Guarantee Fight My Ticket Fight Your Ticket Our customers love us . Though paying a ticket without going to court is a quick and . You typically don't need an attorney to fight a cell phone ticket in traffic court. How to Dispute a Speeding Ticket in California, http://www.nolo.com/legal-encyclopedia/free-books/beat-ticket-book/chapter9-3.html, http://www.nolo.com/legal-encyclopedia/free-books/beat-ticket-book/chapter6-1.html, http://www.nolo.com/legal-encyclopedia/fighting-traffic-ticket-strategies-30091.html, https://evenhigherlearning.wordpress.com/2013/05/01/how-to-beat-a-speeding-ticket-in-california/, http://www.santacruzcourt.org/divisions/traffic, http://www.sfsuperiorcourt.org/divisions/traffic/when-in-court, http://www.courts.ca.gov/documents/tr200.pdf, http://www.nolo.com/legal-encyclopedia/criminal-procedure-faq-29146-6.html, http://www.ticketassassin.com/trial-by-written-declaration-other-advantages/, http://www.courts.ca.gov/documents/tr205.pdf. However, if the stop sign was up long enough for you to be aware of it, or if you never drove that stretch of road before, or if you were driving recklessly and failed to see the sign, you would probably not win this argument. Created byFindLaw's team of legal writers and editors At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Organize your documents and evidence before you get there so you aren't shuffling through papers if the judge asks for something. You will need to pay bail (your traffic ticket fine amount), which will be returned to you if you win your case. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Read the operators manual for the technology that was used and try to find a limitation that you can use. These should be issued free of charge. 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. To schedule one, visit the court clerk. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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