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Should You Fight a Traffic Ticket in the Tampa Bay, Florida Area?

You see red and blue lights in your rearview mirror and your heart jumps. As you pull to the side of the road, you realize a Tampa police officer is pulling you over and the inevitable will probably happen. It turns out that you are about to receive a ticket for a traffic violation. Not only are you unhappy about paying the expensive ticket, but you also worry about increased insurance rates and points on your license. Would it be worth it, you wonder, to fight your traffic ticket in court?

The answer to this question is typically, “Yes.” Before you go to court, however, you should carefully consider your options. After receiving a traffic ticket in the Tampa Bay, Florida area, you can:

  • Pay the ticket, which will probably result in points on your driver's license and increase your car insurance rates.
  • Go to traffic school, online or in person. By going to traffic school, your ticket fine will be reduced, you will avoid getting points on your license, and your insurance rates will not go up. However, you can only go to traffic school once every 12 months, for a total of 5 times in your lifetime.
  • Take your case to traffic court. If the judge decides in your favor, or if the issuing officer does not show up in court to tell his or her side of the story, your ticket will be dismissed. If the ticket is dismissed, you will avoid the fine, points on your license, and increased insurance rates.

If you decide to take your ticket to court, you can either represent yourself or hire a traffic ticket attorney to represent you. While an attorney will probably increase your chances of successfully fighting your ticket, most people are capable of fighting non-criminal traffic tickets themselves if they are willing to put time and research into their case.

Before you fight your ticket, prepare yourself with all the legal information you can find. There are several books on the subject of fighting tickets, and you can also read the Florida statutes relating to your case. Remember, however, that ignorance is no excuse. The judge will not dismiss your ticket because you did not know what you did was against the law.

It also pays to take pictures and video of the area in which you received your ticket. You may be able to prove that a stop sign is covered by trees or a stoplight is malfunctioning. If there were witnesses to your ticket, contact them and ask if they are willing to testify in court on your behalf.

In addition to pictures and video, make a diagram of your traffic stop. In your narrative, mention whether there were similar-looking vehicles nearby. Also discuss road conditions that may have contributed to your actions behind the wheel.

Another important piece of evidence is the ticket itself. Make sure all information on the ticket is correct. Under the rules of discovery, you also have the right to request the officer's notes on your ticket. By examining the officer's notes, you may be able to find inconsistencies that will help you win your case.

Finally, the judge will be interested in hearing whether there were any circumstances that caused you to commit a driving infraction. Perhaps another driver was tailgating you which caused you to speed up, or you swerved to avoid an animal. You also may have heard strange noises coming from your engine that affected your driving behavior. The judge may accept these as a justification of your actions and dismiss your ticket.

Probably the easiest way to win a traffic ticket case is if the ticket-issuing officer does not show up in court. Some experts recommend that you postpone, or “extend,” your trial date, which may increase the chance that the officer is unable to attend. Extending the date may also increase the chance that the officer does not remember details about your ticket.

Of course, some tickets are virtually impossible to fight, such as those based on traffic light video surveillance and other “rock solid” evidence of your infraction. All in all, it is usually worth it to take your traffic ticket to court, but make sure you are fully prepared.

 
 
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