You can consider one other possibility: Go to court and hope the officer doesn't show up. When you appear for a traffic trial and the officer is a no show, the judge will typically dismiss the citation—meaning you win the case and don't have to pay the fine or worry about the violation going on your record. Defenses That Rarely Work
Full Answer
In the United States, you are allowed to choose a trial by jury or trial by judge. If you’re facing a traffic ticket offense, it would be beneficial to choose a trial by jury but only if you’re absolutely not guilty.
Many people who get traffic tickets will simply pay them. They get points on their licenses and move on with their lives. If you don’t want to do that, you could hire an attorney to fight the ticket for you, but you may also be able to successfully fight the ticket without hiring counsel.
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.
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.
By pleading not guilty, you will avail yourself of the opportunity to receive a negotiation concerning the issued charge. Therefore, in most instances, it is recommended that you plead not guilty upon receiving a traffic citation. Speeding cases are fairly technical in nature.
Failure to Maintain Lane is a misdemeanor offense in Georgia. This means that the maximum fine is $1,000 plus court costs and fees. There is no minimum fine.
The fine for speeding 15 mph to 18 mph is $125.00. Between 19 mph and 24 mph the maximum fine is $150.00. And finally, a citation for 24 mph through 34 mph will be capped at $500.00. If this is not the driver's first offense, than the normal $1000.00 maximum fine will apply for most traffic offenses.
two yearsIn Georgia, points remain on a driver's record for two years. However, they drop off at the two-year mark from the exact date each point was added. That means if you receive more than one ticket at different times, some points may come off sooner than others.
Create your FREE Amazon Business account to save up to 10% with Business-only prices and free shipping.
Traken, a freelance writer, offers a guide to fighting traffic tickets in court without an attorney. She addresses what a driver should do immediately after receiving a traffic ticket and how officers determine violations in general, and gives advice on when it makes sense to argue one's case in traffic court.
Follow authors to get new release updates, plus improved recommendations.
There was a problem filtering reviews right now. Please try again later.
Similar to ordinary criminal trials, a traffic ticket case that is tried to a jury will start with the jury selection process. However, there are some differences from a criminal case in how this process unfolds. A judge may ask all of the questions to potential jurors, for example, rather than the driver and the prosecutor asking questions. This process is known as voir dire, and it is meant to uncover biases held by potential jurors. Some possible sources of bias include a criminal record, a pre-existing relationship with someone involved in the case, or a job in law enforcement.
A judge may ask all of the questions to potential jurors, for example, rather than the driver and the prosecutor asking questions. This process is known as voir dire, and it is meant to uncover biases held by potential jurors.
First, a challenge for cause means that the juror should be disqualified because they will not be able to make an impartial decision. In most cases, the judge will exclude this type of juror automatically because their bias will emerge in response to the judge’s questions.
This is even true when a jury is smaller than 12 members. In some states, a jury may consist of six or eight members, and four-member juries are not unknown.
Peremptory challenges cannot be used in a manner that discriminates based on a juror’s race or sex, although it would be extremely unlikely for the judge or prosecutor to bother raising this issue in a traffic case.
However, members of the jury may have gone through similarly frustrating experiences in the traffic system, and they may be less willing than a judge to expose a driver to serious penalties, such as the loss of their license. A jury trial may not require a unanimous verdict for a conviction.
Juries in Traffic Ticket Cases. Most states do not provide a right to a jury trial in traffic ticket cases, but you may want to exercise this right if you have it. If you prepare for the additional complexities of a jury trial, you may gain an advantage by having a jury rather than a judge hear your case. You should be aware that you will need ...
Another way to fight traffic tickets is not to deny or point out mistakes in the ticketing process, but rather to admit to the illegal driving but present another fact that makes the illegal driving justified and allowable . This is a great way to fight a ticket because you do not have to dispute the officer's statement or the charge in the ticket, but rather show circumstances that necessitated your driving.
For example, if you regularly drive a stretch of road everyday and one day are ticketed for running a stop sign that was installed the previous day, you can argue that you had insufficient notice about the new sign, and that you made a mistake of fact. 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.
These tickets require the officer to put down his personal opinion and come to a subjective conclusion about what happened. If you have received a ticket where the officer needed to exercise some sort of personal judgment about the situation, you may be able to challenge that judgment.
Subjective tickets are also issued in some states that have leave it up to the police officer to determine whether a driver is driving at a safe speed. These speeding tickets are often challenged by those who are cited. In states that have such laws, the posted speed limit is not the clear-cut law, and a driver has the discretion to travel ...
Second, it would be a mistake of fact to make an illegal right turn because wind had recently blown down the no right turn sign.
If you show up to fight the ticket, you can argue that your lane change was safe given the weather and traffic conditions at that time. To further support your argument, you could point out that the police officer was in front of you during the lane change, and that, due to the heavy traffic conditions, the officer most likely was paying more attention to the road in front of him rather than a car changing lanes behind him.
There are yet other types of tickets where the police officer's judgment cannot be called into question. These tickets generally have to do with tickets that are clear cut, like running through a stop sign or making an illegal U-turn. Here, challenging a ticket involves challenging whether or not the officer saw you perform the ticketed action. The results of these types of cases will generally boil down to who the judge believes, and you, as the driver, will often have a high burden to overcome. 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.
Similar to ordinary criminal trials, a traffic ticket case that is tried to a jury will start with the jury selection process. However, there are some differences from a criminal case in how this process unfolds. A judge may ask all of the questions to potential jurors, for example, rather than the driver and the prosecutor asking questions. This process is known as voir dire, and it is meant to uncover biases held by potential jurors. Some possible sources of bias include a criminal record, a pre-existing relationship with someone involved in the case, or a job in law enforcement.
A judge may ask all of the questions to potential jurors, for example, rather than the driver and the prosecutor asking questions. This process is known as voir dire, and it is meant to uncover biases held by potential jurors.
First, a challenge for cause means that the juror should be disqualified because they will not be able to make an impartial decision. In most cases, the judge will exclude this type of juror automatically because their bias will emerge in response to the judge’s questions.
This is even true when a jury is smaller than 12 members. In some states, a jury may consist of six or eight members, and four-member juries are not unknown.
Peremptory challenges cannot be used in a manner that discriminates based on a juror’s race or sex, although it would be extremely unlikely for the judge or prosecutor to bother raising this issue in a traffic case.
However, members of the jury may have gone through similarly frustrating experiences in the traffic system, and they may be less willing than a judge to expose a driver to serious penalties, such as the loss of their license. A jury trial may not require a unanimous verdict for a conviction.
Juries in Traffic Ticket Cases. Most states do not provide a right to a jury trial in traffic ticket cases, but you may want to exercise this right if you have it. If you prepare for the additional complexities of a jury trial, you may gain an advantage by having a jury rather than a judge hear your case. You should be aware that you will need ...