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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