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Why you should fight your traffic ticket

You’ve just gotten a ticket. Now what?

You may have avoided this position by using one or more of our products. Remember: an ounce of prevention is worth a pound of cure.

Now you have to decide what to do. Are going to fight, plea or pay. Remember: even if you fight and lose, your fine is no higher than what you would have paid initially. It’s also important to note that you will be required to pay the ticket fine in addition to higher insurance premiums.

Consider which of the following statements best relates to you.

  • I can't afford the fine.
  • I don't want to pay the fine.
  • I don't want the ticket on my record.
  • I can't afford the points on my license.
  • I didn't do anything.
  • OK I did do it, but everyone else was doing it too.
  • The officer was a major jerk, and I want payback in court.

What is your plea?

There are four types choices you can enter for a traffic citation:

- "Guilty"
- "Guilty with a reason"
- "No Contest"
- "Not Guilty"

Remember that Not Guilty, by law, does not necessarily mean you didn't commit the alleged offense. What it does mean is that the prosecutor must now prove beyond a reasonable doubt that you did commit the offense.

The burden of proof is now on the prosecution. If the officer doesn't appear at your trial, the prosecution has failed to prove its case, and you win. You can then request a motion to dismiss due to lack of a prosecution witness.

Hire a lawyer?

You will need an attorney if you face jail time. And any citation, such as:

- DWI / DUI
- Driving on a suspended license
- hit & run accident
- Any felony involving the use of a vehicle

There are attorneys who specialize in traffic ticket dismissal and generally charge between $50 and $100 for their services. These attorneys typically specialize in obtaining continuances, arranging for probation sentences or, in a worst case, arrange for a driving school plea bargain. These are all options that you are quite capable of handling without an attorney. The advantage with these services is they have ongoing relationships with the prosecutors and are usually able to work within the system better you.

Similarly, any attorney brings with him his knowledge of the law and legal system, his trial experience and his fee. Once you hire an attorney you loose control over the case. Unfortunately you have the most knowledge of the actual particulars and details that your attorney does not possess. You also need to remember that this case is not going to land your attorney on the cover of the latest legal journal; therefore, his attention span to this case is going to be somewhat limited. One industry statistic shows that unless you testify on your own behalf and inadvertently convict yourself during that testimony, 90% of all traffic case would not have benefited from the services of an attorney.

If you still feel compelled to use an attorney, you should consider joining the National Motorist Association. The NMA offers a variety of resources including an attorney referral service. This service maintains a database of attorneys, by region, who specialize in traffic ticket defense.


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