You may wonder, ‘How do lawyers dismiss traffic tickets?’ after getting penalties on roads. Well, it involves a few strategic approaches. From utilizing legal loopholes to bargaining, a few things go on between the lawyer and the judge to mitigate the outcome of a traffic case.
Traffic violations can gravely impact your insurance. To avoid such misfortune, you should hire a traffic court lawyer and let them take care of everything. But before doing all that, you have to know a few things. That’s why this article is here for you.
Here, you will learn the entire process of how lawyers handle traffic ticket cases. And then you’ll get to know some of the brightest lawyers to handle traffic tickets. Overall, this article is a guide to save you from the trouble related to traffic tickets.
How Do Lawyers Handle Cases with Traffic Tickets?
In case you are wondering how traffic lawyers get tickets dismissed, there are a few answers. You have to show up in court, be nice to the clerk, and ask politely for a reduction. In some cases, you might have to do a short traffic course to get the ticket dismissed.
But things may not go as simply as you plan. This is why it’s always safer to have a lawyer handling your traffic case. Why? Because of the way they do it.
They take a step-by-step strategic approach to deal with the cases. Here’s how they do it:Step 1: Gathering the Details
Traffic attorneys start with collecting the necessary information about your case. A good lawyer starts by locating procedural flaws and evidentiary weaknesses to bypass the tickets. These loopholes include,
- Lack of documentation of evidence
- Violation of protocols by traffic police
- Having illegal searches
- The concerned officer does not appear in court
- Errors in data made in paperwork (wrong personal details, vehicle info, etc.)
Your lawyer will try to see if any of this fits your situation. If yes then you are somewhat saved. In most cases, these conditions and lack of evidence helps one get bailed.
But the luck doesn’t always favor all. In that case, the lawyer may take a further step.
Step 2: Strategic Bargaining
Skilled traffic lawyers first rely on procedural failures to save you from the case. But if that doesn’t work, they negotiate and bargain with the court. This alternative dismissal strategy works most of the time.
Here, the experienced and persuasive attorneys try to amend charges to less serious offenses. They can reduce fines and fees in some situations as well. Delaying penalties through diversion programs can also help you get out of the situation without any dirt on your hands.
Overall, a lawyer tries to bargain and lower the intensity of citations.
Step 3: Amending the Existing Charges
Things can go out of hand when there is enough evidence against you. In situations where you have to submit to the order of the court, your lawyer's common approach is to amend the traffic charges.
As discussed in the previous step, the lawyer negotiates with the prosecutor to amend the traffic charges to an offense that has lower fines. In other words, the lawyer tries to direct the case toward another offense that is likely to result in fewer driver’s license points.
In the best-case scenario, you might be fortunate enough to avoid a moving violation classification altogether.
Step 4: Reducing the Fines
When you are charged with a traffic offense, you are liable to pay a fine. This amount can be significant. When this is the case, the attorney can bargain to reduce the monetary penalties by either eliminating the extra fees or decreasing the overall fines based on pleas. In some cases, the judge may reduce the fine considering the context of the violation or the financial condition of the responsible person.
The lawyer usually arranges deferred adjudication to delay the due dates. This allows time for the responsible person to attend traffic school. This experience later translates into a reduction or complete elimination of the fees.
Step 5: Completion of Diversion Programs
This is one of the strategies to avoid paying a hefty fee. Diversion programs are a few courses. Here, you have to complete driving courses or participate in community service. Upon completion of the program, you are free to go.
Legal experts opt for diversion programs to dismiss the consequences you would otherwise have to face for a traffic rule violation.
However, diversion programs are not for everyone, and that’s why lawyers don’t always recommend them, even though they are often a top preference.
To be eligible for diversion programs, you have to,
- Be charged with eligible offenses (excluding DUIs and reckless driving)
- Have a valid license
- Have insurance at the time of the offense
- Have less than four points on driving record
- Not attended any traffic diversion program for at least one year
- Not having a DUI conviction within the past 18 months
- Not having tickets for speeding 30 mph or more over the limit
In short, your crime has to be mild. Too extreme of a traffic violation will not get you anywhere with diversion programs.
Just in case you are wondering, a traffic diversion course can cost around $100 to $300 depending on your location.
Step 6: Strong Legal Defense
An experienced lawyer can present a strong legal argument and defend your case based on subtle details. Traffic attorneys usually do this when there are no technical errors or unamendable situations.
However, this approach can be risky if it later turns out to be unsuccessful. This is why only highly experienced lawyers take this route. They usually overcome tickets through vigorous defense, where they strongly establish reasonable doubt or often undermine evidence.
Step 7: Lack of Proper Evidence
If none of this works, the lawyer looks for areas where there’s an insufficient amount of proof. Lawyers usually try to see if there’s any issue with the confirmation of your identity or if the officer made any mistake identifying you.
This approach brings more success than you might think. The accuracy of the radar equipment becomes a strong point of argument in such cases. A radar gun needs to be calibrated every 30 to 60 days. Most officers forget to do so, and this often becomes a strong point to save your case.
In addition, the attorney may look for loopholes in the officer’s testimony as well. Any sort of incoherence in the officer’s argument can be used to protect you from the case.
Step 8: Heeding to The Subtler Details
When none of it works, the lawyer usually opts for data or information that can mitigate the situation. This includes,
- Explaining the situation as some kind of emergency (e.g. medical emergency) with evidence
- Unfamiliarity with traffic rules or traffic signs
- Unaware of the misconduct due to certain conditions
- Investigating for technical issues (e.g. improper sign placement, non-visible road marking, broken traffic light)
These are likely to get you out of the charges. If not, these should at least lessen the intensity of the penalty.
Best Lawyers to Handle Traffic Ticket Cases
There are indeed some great law firms for traffic tickets. They will make sure to take care of your case and get you a better outcome.
But not all lawyers who handle traffic tickets are the best. The ideal attorney for traffic tickets can be difficult to find, but not impossible.
Here’s a quick list (not in any particular order) of some of the best traffic lawyers in the USA that you can contact right now to get your ticket case resolved.
1. Ok Traffic Ticket Defense
It’s one of the finest law firms for traffic tickets in the USA. They have some experienced lawyers to help you navigate through the legal process while avoiding hidden penalties. Most importantly, they have a reputation for protecting the client's driving record.
2. 845-Tickets
They are a really good affordable alternative for traffic ticket cases. From speeding tickets to driving without insurance, this team of professional understands the significance of clean driving record. This is why they make sure you have one.
3. Springfield Traffic Tickets
They have extensive experience in defending clients charged with different offenses including all sorts of traffic violations. DUI Defense Lawyers Association acknowledges their year-old contribution with great respect. In other words, they are reliable.
4. TrafficTickets.Com
With over 90% success rate and a track record of handling 50,000+ cases over the past 50 years, they are one of the most updated and knowledgeable traffic violation experts. They have some amazing awards as well. Amazingly, despite being so popular, they are not very expensive.
Conclusion
Getting a traffic ticket on the roads of the USA is more common than you think. More than 110,000 people get speeding tickets every day in the USA. Among this huge number, you are likely to become a victim any day at any moment.
Though no one wants to face such a pain in the neck, it just sometimes happens. But if it does, then no worries. Take the right steps and you should get out of it with minimal, if not absolutely zero, hassle. As you know how the entire process works and where to get help, such situations shouldn’t be a reason for concern soon. Just stay safe and drive safely.
Frequently Asked Questions
Can a lawyer really get my traffic ticket dismissed?
Yes, a lawyer can potentially get your traffic ticket dismissed, depending on the circumstances of your case. Lawyers use various strategies, such as challenging the evidence, questioning the legality of the traffic stop, or negotiating with the prosecution to reduce or dismiss the charges.
Is it worth hiring a lawyer for a traffic ticket?
Hiring a lawyer is often worth it if the potential penalties are severe, such as points on your license, increased insurance rates, or even the risk of license suspension. A lawyer can help minimize or avoid these consequences, possibly saving you money and protecting your driving record.
How much does it cost to hire a lawyer to fight a traffic ticket?
The cost varies depending on the complexity of the case, the lawyer’s experience, and your location. Fees can range from a few hundred dollars to several thousand. Some lawyers may offer flat fees, while others charge by the hour.
