Top Traffic Ticket Myths
Officers will not show in court around a holiday
Many people believe that if you schedule a hearing date before or after a holiday the officer is less likely to show up. Once you have entered a “Not Guilty” plea and scheduled your case for trial, the court issues a subpoena ordering the officer to appear for trial. Further, part of an officer’s job is to show up in court, and they are very aware of these dates when they schedule vacation.
Knowing an Officer will help you
Once a ticket is in the system there is very little an officer can do. Many people think they can influence other officers in not showing up, this is illegal. Officers routinely not showing up in court is frowned upon because it is disobedience of a court order.
Arguing the technicalities in court will help
In order to dismiss a ticket there has to be an overwhelming amount of evidence as well as major mistake on part of the officer. The officer has the burden of proof. Not the other way around. However, officers are experienced in offering testimony to the court and when it is your word against the officers, the court will believe the officer.
Speeding Tickets a few miles over the limit are easier to dismiss
A ticket is a ticket. Although, excessive speeding carries a harsher penalty, any ticket over the designated speed limit is not readily dismissed.
Tickets are primarily given to deter unsafe driving conditions
The laws are written to ensure safe and orderly driving, however tickets more and more represent a huge revenue for the local enforcement agencies. This is why it is very difficult to dismiss a ticket without the proper representation.
Trial by Declaration is easier to win
It is actually harder to win a Trial by Declaration, because of the notes that are written on the back of the ticket by the officer. An officer must testify from memory, what is known as “independent recollection,” so when a ticket is given every detail is recorded, as well as what you have said. The officer merely need to read the ticket in order to submit his declaration; whereas in trial, he must testify from memory.
There is nothing you can do to contest your ticket
This is one of the biggest misconceptions out there. Tickets get reduced or dismissed all the time by attorneys. Every ticket is different and it is in your best interest to consult with an attorney. Stay away from attorneys that promise dismissal, or do not want to give you a free consultation. No one can guarantee a dismissal and a 95% dismal rate does not mean much. No attorney can guarantee the outcome of any case.