how does a lawyer beat your traffic ticket

The easiest way to fight a California Traffic Ticket is a process called Trial By Written Declaration. This process does not require for you to appear in court in order to contest the citation. We offer to prepare your trial by written declaration documents for $99 FLAT FEE with 100% Money Back Guarantee.

Full Answer

How do you beat a traffic ticket in court?

Mar 05, 2016 · The firms have names such as Remove Tickets (Dallas), The Ticket Clinic (Miami) and Traffic Lawyer (New York). The ticket specialists These traffic ticket lawyers often devote their entire practice...

What happens at a traffic court trial?

Jan 13, 2013 · Lawyers have hit the airwaves and sent out tons of direct mail to tell people that they do not have to accept traffic tickets like a lamb led to slaughter. This new breed of lawyer comes complete with catchy phone numbers such as 877 WIN-TIX1 as well as names such as www.speedingticketattorneys.net.

Why hire a lawyer for traffic tickets?

At traffic trials, the driver and the officer who wrote the ticket must be present. If the driver shows up and the officer doesn't, the driver generally wins without having to do anything. The judge dismissed the ticket, and that's the end of it. Challenge the Officer's Subjective Conclusion

Where can I get a traffic ticket removed from my record?

Dec 06, 2021 · The best way to beat a traffic ticket is to avoid getting one in the first place. In order to avoid facing penalties for a traffic violation, you should understand Texas traffic laws and should understand the differences between minor and major violations. Minor violations include, for example, speeding or texting on a cell phone or failing to ...

Challenge The Officer's Subjective Conclusion

In many states, with many tickets, it's possible -- and sometimes even fairly easy -- to challenge the police officer's view of what happened. This...

Challenge The Officer's Observations

In cases where your state law requires an objective observation by the officer (not a judgment call about whether your action was safe), it often b...

Prove Your Conduct was A "Mistake of Fact"

Judges are allowed some leeway in considering circumstances beyond your control. If you can show that you made an honest and reasonable error, a ju...

Prove Your Conduct was "Legally Justified"

You may also successfully argue that your actions were "legally justified" considering the circumstances of your alleged violation. For example, if...

Prove Your Conduct was Necessary to Avoid Harm

Emergencies not of your own making are often another legal "necessity" defense, recognized in all 50 states. To take an extreme example, you should...

What does it mean when you get a traffic ticket?

When you get a traffic ticket, it basically means you're accused of violating a traffic law. But the government can't penalize you for the violation unless you're actually convicted (either by admitting the violation or being found guilty at trial ). If you're considering fighting your ticket, here are some strategies you might want to consider.

Can an emergency be justified under the necessity defense?

Emergencies—not of your own making—can justify a violation under the "necessity" defense. The key to this defense is to prove that it was necessary to commit the violation in order to avoid a much greater harm. For example, an unlicensed driver who nevertheless gets behind the wheel to transport a seriously injured child to the hospital could likely beat a ticket for driving without a license under the necessity defense.

Can a driver beat a ticket in court?

Although there's not much actual strategy involved, drivers sometimes beat tickets in court just by showing up. At traffic trials, the driver and the officer who wrote the ticket must be present. If the driver shows up and the officer doesn't, the driver generally wins without having to do anything.

Non-Appearance of the Officer

On the date of hearing the officer who issued the ticket must remain present and testify against you. However in many cases the officer will not be in a position to attend the court and the prosecution will request an adjournment. If the officer does not appear you should not consent to an adjournment.

Motion to Dismiss

Even if your motion to dismiss on the grounds of non-appearance of witness is denied, you can move another motion to dismiss on a different ground:

Cross Examination of Police Officer

You should use the opportunity to discredit the main prosecution witness – the police officer. Ask questions about the details of your car and surroundings of the place where you were stopped for speeding. Focus of details which the officer is unlikely to remember at the time of trial such as a few dent marks on the front door of your car.

Getting Legal Help

If you have been issued a speeding ticket, consult with an experienced traffic violation attorney. With the assistance of an experienced attorney, you can beat the speeding ticket in court.

1 attorney answer

A good traffic lawyer can defeat most traffic tickets but it is not because he and the judge are scratching each other's back. Consult a good TX traffic lawyer and he'll tell you what your chances are. It is not shady; it is your right to contest charges against you.

John M. Kaman

A good traffic lawyer can defeat most traffic tickets but it is not because he and the judge are scratching each other's back. Consult a good TX traffic lawyer and he'll tell you what your chances are. It is not shady; it is your right to contest charges against you.

What is an administrative court?

And in a government administrative court (which is what a so-called “Traffic Court” actually is) once you acquiesce to jurisdiction, you waive your Constitutional rights. An administrative court is not a common law “court of record;” it is a legislative “court of no record.”.

What are some simple concepts in law?

If you’re tired of being a lap dog of the legal system in your city or town, there are some very simple concepts in law that you can learn which will put the law on your side and help you defeat any victimless traffic citation you may be issued. If you would like to learn how to assert your lawful rights while confronting crony corporate government and win every time without having to go to court, keep reading. . .#N#When the term “common law” comes up in conversation these days most people often don’t know what to make of it. They often erroneously think of it as being some antiquated form of law that the legal system in the united States of America once followed in times past, but no longer does. However nothing could be farther from the truth. This country was founded on common law principles, and the maxims of law that make up the common law (which is actually based on the law of nature or natural law) are the foundation for all law that mankind has ever acknowledged, in both the common law and the legislative (statutory) law arenas.

What is a motor vehicle?

In United States Code, Title 18, Section 31 (a) (6) it states: “The term motor vehicle means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo .”#N#Section 31 (a) (10) states: “The term ‘used for commercial purpose’ means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit. ”

Can a court presume your consent?

Although they appear to do it all the time, courts are not empowered to “presume” your consent to surrender any of your sovereignty to them. Yet, if you do not challenge in personam and subject matter jurisdiction, they will presume your consent to jurisdiction every time.