Sunday, November 2, 2008

Common Myths About Traffic Tickets

Myth No. 1:
If the officer makes any mistake on your ticket, the case will be dropped.

A ticket should be seen just as an accusation and a basis for prosecution that must be factually valid and proved in court. Clerical mistakes, such as a wrong number or wrong order of a person's name, are usually overlooked. It is material mistakes, like the identity of the driver, the direction of travel, the street where the citation occurred or the description of the vehicle, that can be used to help win a case.

Myth No. 2:
If the officer doesn't show up in court, you automatically win.

Though this may happen in many cases, there's nothing automatic about it. Most judges will drop a case if the officer does not appear in court.

However, in some courts, a case is scheduled at a time to help ensure the officer is present, or a judge will reschedule the case altogether. In most cases an officer not showing up will result in a dismissal, but there is no guarantee. It all depends on the court and the judge.

Myth No. 3 :
You can make up an excuse to get out of the ticket.

Most police officers aren't interested in excuses. When an officer pulls you over, he already suspects you. Any explanation you give about why you were speeding is an admission that you were speeding. If an officer logs those explanations in his notes, the statements could later be used against you in court. That's why, whenever an officer asks if you know why you've been pulled over, answer "no" and just take the ticket. Never admit to anything in the process of talking. Just be polite with the officer. Most officers are more willing to make a deal in court if you were polite when you got the ticket.

Myth No. 4:
If you don't sign the ticket, it will be dismissed.

Signing a ticket is not an admission of guilt. The signature is merely an acknowledgement you received the ticket and a promise to appear in court. Refusing to sign the ticket -- and there are drivers who think that if they don't sign, they can lie in court and say they weren't there -- will do nothing but agitate the officer and invite more scrutiny. And, argue too much and all you will get is a trip to jail. There is no reason to make a bad situation worse.

Myth No. 5:
You Don't Need an Attorney--It's just a Traffic Ticket

If you depend on your license for your job, you know there is no such thing as "just a traffic ticket." Points mean a suspension and a suspension means you don't drive. Isn't it worth hiring someone who can help? Don't lose your job because you don't want to pay for an attorney.

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