As soon as you complete the sign up process, we will start
working on dismissing your traffic ticket. One of our
associates will contact you if we need any additional
information.
traffic ticket, DO NOT WAIT SIGN UP NOW to give us as
much time as possible to collect all the necessary
information and prepare a winning document for you.
For in court trials, your entire case could rest on your
attitude, be on your best behavior inside and outside of the
courthouse. Always show respect for the court and the
proceedings. Win or lose, it is always best to thank the
judge. You never know if you will have to appear in front of
them again.
Examine what policies, guidelines, and standards your local
transportation authority uses in the design and operation of
its infrastructure.
If you are charged with a traffic infraction and the officer
does not appear in court, in most jurisdictions the ticket will
be dismissed. However, you should still be prepared for the
probability that the officer will appear in court.
Please note, if you appear in court to contest a ticket, you
should dress for the occasion. Dressing appropriately (think
"in your Sunday best") sends the court the message that
you take the charge seriously, and that you respect the
court. Some courts impose dress codes which, although
typically not excessively rigid, should not under any
circumstances be violated. If you do not intend to dress for
the occasion, at least find out what will get you sent home
to change your clothes. Do not under any circumstances
wear shorts, sleeveless shirts, halter tops, or miniskirts to
traffic court. Such clothing almost invariably will violate any
dress code that is in place, and sends the message that you
have no respect for the court. Do not wear a hat in the
courtroom. If you have plans to make your ticket the "trial
of the century", you may be in for an unpleasant surprise.
Traffic court matters are often short and cursory. You may
have to be quite assertive in order to convince the court to
permit you to present your full defense, and may find the
hearing officer to be quite impatient with your questioning
of witnesses or the officer who issued the ticket.
If your traffic court hearing falls within a critical time for
your insurance (e.g. Right before your policy is up for
renewal), you may wish to obtain an extension to delay the
hearing until after you have renewed your policy. While
insurance companies do not always verify driving records
before renewing policies, they frequently do. Thus, delaying
the court hearing until after renewal can give you a
reprieve on any increase in your premiums that would
follow from conviction.
In many states, with many tickets, it is possible and
sometimes even fairly easy to challenge the police officer's
view of what happened. This is particularly likely in
situations where an officer must make a subjective
judgment as to whether you violated the traffic law. For
example, when an officer gives you a ticket for making an
unsafe left, you may argue that your actions were "safe and
responsible" considering the prevailing traffic conditions. It
will always help your case if you can point to facts that tend
to show that the officer was not in a good location to
accurately view what happened or was busy doing other
tasks or the conditions were such that your move was safe.
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 boils down to an
argument about whose version of the facts is correct. For
instance, if you were cited for failing to come to a stop at a
red light or for making a prohibited turn, who wins the case
will depend on who the judge believes. Unfortunately, the
guy wearing the badge usually wins, unless you can cast
real doubt on his ability to accurately perceive what
happened. However, there are a number of techniques that
may work to raise at least a reasonable doubt as to your
guilt.
Here are the types of evidence most likely to help you
convince the judge that you, not the officer, are in the right:
Judges are allowed some leeway in considering
circumstances beyond your control. If you can show that
you made an honest and reasonable error, a judge might
find you made a "mistake of fact," meaning your ticket
should be dismissed.
Here are several examples:
However, the judge would probably not buy this defense if:
You may also successfully argue that your actions were
"legally justified" considering the circumstances of your
alleged violation. For example, if you were charged with
driving too slowly in the left lane, it is a legal defense in all
states that you had to slow down to make a lawful left turn.
In this situation you do not have to deny that you were
driving significantly below the speed limit and causing
vehicles behind you to slow down, but you can offer the
additional fact that legally justifies your otherwise unlawful
action. Such defenses can be very successful because they
raise an additional fact or legal point, rather than simply
contradicting the officer's testimony.
Here are a couple of examples of situations in which this
defense might work:
Emergencies not of your own making are often another
legal "necessity" defense, recognized in all 50 states. To
take an extreme example, you should be able to beat a
charge of speeding if you can prove you sped up to avoid an
out of control truck. The key here is to convincingly argue
that you were forced to violate the exact wording of a
traffic law in order to avoid a serious and immediate danger
to yourself or others. Here are some examples:
But it is important to realize that there is a big difference
between presenting a necessity defense based on road
conditions and coming up with an excuse for breaking the
law based on your own inattention or personal need.
Excuses that are born to lose include:
Cell Phones
The first law bans all drivers from using hand held cell
phones while driving, starting July 1, 2008. The law does
not affect passengers, they are free to use cell phones while
traveling in an automobile. The law applies to anyone
driving in California, whether the driver lives in California
or not.
There are a few exceptions to the general ban. Handheld
cell phones may be used:
The law does not provide an exception for drivers that have
a push-to-talk feature on their cell phone. However, drivers
operating a commercial motor truck or truck tractor (but
not a pickup), tow truck, or farm vehicle may use a two-
way radio operated by a “push-to-talk” feature.
The fine for a first offense, including penalty assessments,
is $76. A second offense is $190. However, although a
violation of the hand held cell phone ban is a reportable
offense and will appear on your driving record, it will not
count as a DMV point. The police have primary enforcement
authority for a violation of the cell phone law. That means
that an officer can pull you over just for this infraction.
The second law, also effective July 1, 2008, governs the use
of hands-free cell phones while driving. The rules are
different, depending on the age of the driver. For the most
part, drivers older than 18 will be allowed to use hands-free
phones while driving. These drivers can use Bluetooth or
other earpieces, but cannot cover both ears. The new cell
phone law also allows drivers over 18 to use the speaker
phone function of a wireless phone. Drivers are allowed to
dial a wireless telephone while driving, but are strongly
urged not to do so. The law does not specifically prohibit
text paging while driving. However, an officer has the
authority to pull over and issue a citation to any driver if
the officer believes the driver was distracted and not
driving safely. Because text paging is generally considered
to be unsafe while driving, doing so may subject you to a
traffic stop and fine.
The new law on hands-free devices makes a big change for
drivers under the age of 18. Those drivers cannot use a
wireless telephone, pager, laptop, or any other electronic
communication device (whether hand held or hands-free) to
either speak or text while driving, period. There are no
exceptions for emancipated minors, no exceptions if adults
or parents are driving with the youth, and no exceptions for
devices built into the car (such as Bluetooth). Drivers under
age 18 may use a wireless device in an emergency situation
to call the police, fire, or medical authorities. The fine for a
first offense, including penalty assessments, is $76. A
second offense is $190. The ban on hands-free devices for
drivers under 18 is a secondary violation. This means that
an officer cannot pull you over just for this infraction, but
an officer can cite you for a violation if he or she pulls you
over for another reason. However, the prohibition on using
a hand held cell phone while driving is still a primary
violation. Officers can pull over drivers under age 18 just
for this infraction.
working on dismissing your traffic ticket. One of our
associates will contact you if we need any additional
information.
traffic ticket, DO NOT WAIT SIGN UP NOW to give us as
much time as possible to collect all the necessary
information and prepare a winning document for you.
For in court trials, your entire case could rest on your
attitude, be on your best behavior inside and outside of the
courthouse. Always show respect for the court and the
proceedings. Win or lose, it is always best to thank the
judge. You never know if you will have to appear in front of
them again.
Examine what policies, guidelines, and standards your local
transportation authority uses in the design and operation of
its infrastructure.
If you are charged with a traffic infraction and the officer
does not appear in court, in most jurisdictions the ticket will
be dismissed. However, you should still be prepared for the
probability that the officer will appear in court.
Please note, if you appear in court to contest a ticket, you
should dress for the occasion. Dressing appropriately (think
"in your Sunday best") sends the court the message that
you take the charge seriously, and that you respect the
court. Some courts impose dress codes which, although
typically not excessively rigid, should not under any
circumstances be violated. If you do not intend to dress for
the occasion, at least find out what will get you sent home
to change your clothes. Do not under any circumstances
wear shorts, sleeveless shirts, halter tops, or miniskirts to
traffic court. Such clothing almost invariably will violate any
dress code that is in place, and sends the message that you
have no respect for the court. Do not wear a hat in the
courtroom. If you have plans to make your ticket the "trial
of the century", you may be in for an unpleasant surprise.
Traffic court matters are often short and cursory. You may
have to be quite assertive in order to convince the court to
permit you to present your full defense, and may find the
hearing officer to be quite impatient with your questioning
of witnesses or the officer who issued the ticket.
If your traffic court hearing falls within a critical time for
your insurance (e.g. Right before your policy is up for
renewal), you may wish to obtain an extension to delay the
hearing until after you have renewed your policy. While
insurance companies do not always verify driving records
before renewing policies, they frequently do. Thus, delaying
the court hearing until after renewal can give you a
reprieve on any increase in your premiums that would
follow from conviction.
In many states, with many tickets, it is possible and
sometimes even fairly easy to challenge the police officer's
view of what happened. This is particularly likely in
situations where an officer must make a subjective
judgment as to whether you violated the traffic law. For
example, when an officer gives you a ticket for making an
unsafe left, you may argue that your actions were "safe and
responsible" considering the prevailing traffic conditions. It
will always help your case if you can point to facts that tend
to show that the officer was not in a good location to
accurately view what happened or was busy doing other
tasks or the conditions were such that your move was safe.
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 boils down to an
argument about whose version of the facts is correct. For
instance, if you were cited for failing to come to a stop at a
red light or for making a prohibited turn, who wins the case
will depend on who the judge believes. Unfortunately, the
guy wearing the badge usually wins, unless you can cast
real doubt on his ability to accurately perceive what
happened. However, there are a number of techniques that
may work to raise at least a reasonable doubt as to your
guilt.
Here are the types of evidence most likely to help you
convince the judge that you, not the officer, are in the right:
- Statements of witnesses, such as passengers or
bystanders, who testify to your version of events. - A clear, easy to understand diagram showing where
your vehicle and the officer's vehicle were in relation to
key locations and objects, such as an intersection,
traffic signal, or other vehicle. Diagrams are especially
important for tickets given at intersections, such as
right-of-way, traffic light, or stop sign violations. - Photographs of intersections, stop signs, and road
conditions. These can be used to show conditions like
obscured stop signs or other physical evidence that
backs up your case. - Any other evidence that would cast doubt on the
officer's ability to accurately observe your alleged traffic
violation. A classic way to do this is to prove the
officer's view was obscured or that his angle of
observation made it impossible to accurately see what
happened.
Judges are allowed some leeway in considering
circumstances beyond your control. If you can show that
you made an honest and reasonable error, a judge might
find you made a "mistake of fact," meaning your ticket
should be dismissed.
Here are several examples:
- You failed to stop before coming to the pedestrian
crosswalk markers because they were old and faded and
could not be clearly seen. - You failed to stop at a stop sign after a major storm
because the sign was hidden by a broken branch. If
possible, you should take pictures of the obscured sign
and show them to the judge to support your argument. - Often this argument comes down to your claim that you
were not given fair notice as to the conduct that was
expected of you. For example, a judge might dismiss a
ticket for running a stop sign if it was brand new.
However, the judge would probably not buy this defense if:
- The sign had been up for more than a few weeks
- You had never stopped at that intersection before (and
therefore should not have been fooled by its sudden
presence), or you were speeding.
You may also successfully argue that your actions were
"legally justified" considering the circumstances of your
alleged violation. For example, if you were charged with
driving too slowly in the left lane, it is a legal defense in all
states that you had to slow down to make a lawful left turn.
In this situation you do not have to deny that you were
driving significantly below the speed limit and causing
vehicles behind you to slow down, but you can offer the
additional fact that legally justifies your otherwise unlawful
action. Such defenses can be very successful because they
raise an additional fact or legal point, rather than simply
contradicting the officer's testimony.
Here are a couple of examples of situations in which this
defense might work:
- You are forced to stop on a freeway because your car
has begun to make a loud and dangerous-sounding
noise and you fear you would put other drivers in
danger if you continued to drive without checking it out. - You swerved into the right lane without signaling a lane
change to pull over because a hornet flew into your car
through your open window. - You had sudden and severe chest pain and safely
exceeded the posted speed limit to get to the doctor,
whose office was only one half-mile away.
Emergencies not of your own making are often another
legal "necessity" defense, recognized in all 50 states. To
take an extreme example, you should be able to beat a
charge of speeding if you can prove you sped up to avoid an
out of control truck. The key here is to convincingly argue
that you were forced to violate the exact wording of a
traffic law in order to avoid a serious and immediate danger
to yourself or others. Here are some examples:
- Driving in the right, or slow, lane, you are boxed in
from the back and the left side by speeding cars. To
avoid colliding with a car entering the highway from the
right, you accelerate well beyond the posted limit. - Because there is a car just to your right, you briefly
speed up to avoid being rear-ended by a super-
aggressive big rig that is tailgating you. Once you are in
the clear, you move to the right and resume a legal
speed. - You swerve across a double yellow line to avoid hitting
another vehicle, pedestrian, animal, or other
unexpected obstacle. If you had failed to take an
evasive action, you would have been at high risk of
being involved in an accident.
But it is important to realize that there is a big difference
between presenting a necessity defense based on road
conditions and coming up with an excuse for breaking the
law based on your own inattention or personal need.
Excuses that are born to lose include:
- My mind wandered and I didn't realize I was speeding.
- I was arguing on my cell phone and I didn't see the stop
sign. - I couldn't fasten my seatbelt because my stomach was
uncomfortably full from lunch.
Cell Phones
The first law bans all drivers from using hand held cell
phones while driving, starting July 1, 2008. The law does
not affect passengers, they are free to use cell phones while
traveling in an automobile. The law applies to anyone
driving in California, whether the driver lives in California
or not.
There are a few exceptions to the general ban. Handheld
cell phones may be used:
- to make an emergency call to a law enforcement
agency, medical provider, fire department, or other
emergency service agency - by those operating authorized emergency vehicles, and
- by those operating vehicles on private property.
The law does not provide an exception for drivers that have
a push-to-talk feature on their cell phone. However, drivers
operating a commercial motor truck or truck tractor (but
not a pickup), tow truck, or farm vehicle may use a two-
way radio operated by a “push-to-talk” feature.
The fine for a first offense, including penalty assessments,
is $76. A second offense is $190. However, although a
violation of the hand held cell phone ban is a reportable
offense and will appear on your driving record, it will not
count as a DMV point. The police have primary enforcement
authority for a violation of the cell phone law. That means
that an officer can pull you over just for this infraction.
The second law, also effective July 1, 2008, governs the use
of hands-free cell phones while driving. The rules are
different, depending on the age of the driver. For the most
part, drivers older than 18 will be allowed to use hands-free
phones while driving. These drivers can use Bluetooth or
other earpieces, but cannot cover both ears. The new cell
phone law also allows drivers over 18 to use the speaker
phone function of a wireless phone. Drivers are allowed to
dial a wireless telephone while driving, but are strongly
urged not to do so. The law does not specifically prohibit
text paging while driving. However, an officer has the
authority to pull over and issue a citation to any driver if
the officer believes the driver was distracted and not
driving safely. Because text paging is generally considered
to be unsafe while driving, doing so may subject you to a
traffic stop and fine.
The new law on hands-free devices makes a big change for
drivers under the age of 18. Those drivers cannot use a
wireless telephone, pager, laptop, or any other electronic
communication device (whether hand held or hands-free) to
either speak or text while driving, period. There are no
exceptions for emancipated minors, no exceptions if adults
or parents are driving with the youth, and no exceptions for
devices built into the car (such as Bluetooth). Drivers under
age 18 may use a wireless device in an emergency situation
to call the police, fire, or medical authorities. The fine for a
first offense, including penalty assessments, is $76. A
second offense is $190. The ban on hands-free devices for
drivers under 18 is a secondary violation. This means that
an officer cannot pull you over just for this infraction, but
an officer can cite you for a violation if he or she pulls you
over for another reason. However, the prohibition on using
a hand held cell phone while driving is still a primary
violation. Officers can pull over drivers under age 18 just
for this infraction.
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| 2 FIX YOUR TRAFFIC TICKET WE STRIVE FOR JUSTICE & FAIRNESS FOR ALL |
WHAT TO DO IF YOU GET A TRAFFIC TICKET?
Start preparing your defense immediately. It can take time
to get the necessary information from the authorities
(police departments and prosecutors), so make sure you
request this information well in advance of your hearing
date. You will also need to be proactive throughout the
process to keep on top of court deadlines and to ensure
that you have the most complete defense possible.
In some states (including California) you are entitled to a
trial by mail or a Trial by Written Declaration for traffic
infractions. This is the best option for beating your traffic
ticket. You submit a Statement of Facts describing why you
are innocent in writing, and the traffic officer must submit
the reasons for which the citation was issued. While
officers will often show up for court because it is an
overtime opportunity, Trial by Written Declaration is
pure paperwork, and they may not bother to submit their
side of the story. When this happens, you win by default.
Should you lose by mail, you have lost nothing. You can
still request an in-person trial (as if your mail verdict never
happened), request traffic school, or pay your traffic fine.
For your convenience, we have created an easy sign-up
process that would take you less than 10 minutes to
complete and we will take it from there. The total cost of
our service is $189 Flat Fee. There are no hidden charges
or add ons what so ever. To sign-up for our service:
Start preparing your defense immediately. It can take time
to get the necessary information from the authorities
(police departments and prosecutors), so make sure you
request this information well in advance of your hearing
date. You will also need to be proactive throughout the
process to keep on top of court deadlines and to ensure
that you have the most complete defense possible.
In some states (including California) you are entitled to a
trial by mail or a Trial by Written Declaration for traffic
infractions. This is the best option for beating your traffic
ticket. You submit a Statement of Facts describing why you
are innocent in writing, and the traffic officer must submit
the reasons for which the citation was issued. While
officers will often show up for court because it is an
overtime opportunity, Trial by Written Declaration is
pure paperwork, and they may not bother to submit their
side of the story. When this happens, you win by default.
Should you lose by mail, you have lost nothing. You can
still request an in-person trial (as if your mail verdict never
happened), request traffic school, or pay your traffic fine.
For your convenience, we have created an easy sign-up
process that would take you less than 10 minutes to
complete and we will take it from there. The total cost of
our service is $189 Flat Fee. There are no hidden charges
or add ons what so ever. To sign-up for our service:
- Click on "Fight My Traffic Ticket" button below
- Select your method of payment, all major credit cards
accepted - Complete the requested information
- Scan & E-mail or fax a legible copy of your citation and
any other documents that you may have received from
the court to us ASAP
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