9 Quick Steps To Get Out Of Traffic Ticket

25Mar08

Regardless of whether you are truly guilty or not, these 9 steps will guide you to a case dismissal. (It’s impossible to guaranty such a result, but personally, I got off a bogus ticket following these exact steps – so they work!)

(I did this in my home state of New York. There is a chance that it’s different in your state, although it seems to me to be something that would be common practice nationally.)

Dismissal – When a court dismisses your traffic violation case, you receive no penalty, and no points on your license. As far as I understand it, there are 4 ways to get your traffic violation dismissed:
- Upon recommendation by the district attorney (unlikely)
- The officer’s failure to write a supporting deposition (possible)
- The officer is too lazy, too busy, or on leave, so he doesn’t show up in court (very possible)
- You find a weakness in the officer’s notes on the ticket (possible)

Here are the steps to vie for a dismissal:

1) When pulled over and asked if you know what you were pulled over for, say no.

2) When the officer explains to you exactly what you were doing wrong, say to him “I don’t believe that was the case.”
* Do not admit anything (you are not obligated to so). Also, be as respectful and cooperative as possible.

3)Thank the officer for the ticket, go home and read the ticket thoroughly. Take note of the exact title of violation.

4) Mail the court pleading “NOT GUILTY” and request a supporting written deposition from the officer.
* At this point, a lot of people write a letter to the district attorney asking for a reduction or dismissal of the violation. It is unlikely that you will secure a case dismissal from writing a letter to the district attorney. (If you were successful, you’re lucky and I’m jealous.) It may be in your best interest to simply go for a reduction. But, if you want to try to get it dismissed (which involves a small hearing called a “bench trial” [no, it will not have a negative effect your record]), read on!

5) If the officer fails to write the court with a supporting deposition – you’re off the hook! Case dismissed. If the officer writes a supporting deposition, there’s still plenty of hope, read on!

6) Request the officer’s notes on your ticket. According to Nolo.com, “Make a specific written request for the disclosure of all notes or documents relevant to the case [and send it to the court you have been summoned to].”¹

7) Look up the exact law you violated (it should say on your ticket). Read each item included in that law to see if you did indeed violate all of the conditions or just some. If you can prove that you did not violate even just one part of that specific law, you’re off the hook! When you prove this in court, case dismissed. But, read on!

When you receive the officer’s notes, look for weaknesses, inconsistencies or provable falsehoods. Write brief notes for rebuttals to the officer’s notes, a description of the conditions where the supposed violation took place, and you’re description of the event. You are allowed to supplement the testimony you give (where you’ll be referencing the notes you prepared), with diagrams and photos of the location of the violation/conditions.

9) Show up to your court date a little early with your notes, looking spiffy, and being prepared to state your case. If the officer doesn’t show up to be “examined”, the prosecutor can not make a case and will most likely recommend that your case be dismissed! However, if the officer is there, it is common for them to only state their case from the notes they wrote on the accident. If you’ve prepared your notes against his, supported by diagrams and photos, and you respectfully show that there is some doubt pertaining your guilt, the judge will dismiss your case!²

My personal experience: I didn’t run a stop sign. When the officer pulled me over he said I did run that stop sign, to which I said “I don’t think I did.”. It took me at the most, 7 hours of my time spread over a 5 month period to go through these 9 steps. My case was dismissed this morning and I feel great because my insurance rates won’t go up and I don’t have to pay an annoying fine.

Please comment with your experiences or advice! Check out my references, they have some great advice as well.

- jbrickman
Obviously, I’m not liable for any undesired result of employing these steps.
¹Nolo.com – Obtain The Officer’s Notes Before Going To Traffic Court
²Nolo.com – Five Strategies For Fighting A Traffic Ticket