Road Law – February 2023 » Land Line Media

If we’ve ever helped you with a traffic ticket, accident or criminal charge, we’ve most likely asked you for a lot of information that may not seem related to or have anything to do with your problem.

But we assure you that the information we ask you to provide to us is usually vital to your case, and having the information we need from you can make the difference between a very good outcome in your case and a very bad one. In this issue of Road Law, we’ll give you examples of the important information we usually ask you to provide to us and, more importantly, why we want it. As usual, we hope this information is helpful to you.

Q. I got a ticket for following too close in Oklahoma because the cop said that, because I barely hit the car in front of me on the highway, he had to give me the ticket. The only reason I barely hit the car was because the jackass driver in front of me slammed on his brakes for no reason. I’ve got a clean driver record. I’m not the one who should have gotten a ticket, and I’m fighting this ticket. I bet the judge will throw my ticket out after he hears my side of the story at trial. What do you think?

A. Yes, we can help you fight your ticket but, we’re going to need a few things from you before we contact the court or the assistant district attorney that’s assigned to your case.

First, email a statement to us telling us exactly what happened in this matter. Let us know, in your words, the facts of the incident.

Second, you said you have a clean driver record so we’ll need a copy of your three-year driver record so we can share your record with the court as proof that you really do have an excellent driver record and that you’re not a habitual offender of traffic laws.

Third, because there was a collision in this incident, we’ll need a copy of the actual certificate of liability insurance that you had in your truck at the time you received your ticket. We need your insurance certificate so that we can contact your listed liability provider, verify whether the other party has filed a property damage claim, and, if so, whether your liability insurance provider has paid the other party for their alleged property damages.

Chances are, if you do have a clean three-year driver record and your liability insurance provider has paid the other party for the alleged property damages, the assistant district attorney will be a lot more sympathetic to you and may agree to amend or even dismiss your ticket without the need for you to appear for a trial.

Q. I got a ticket for improper lane use because the highway patrol said I crossed over the center line three separate times while he was following. That’s total B.S.! I’ve got dashcam video as proof that I only crossed the center line once during the entire time the highway patrol was following me and that only happened because the wind was blowing at 30-40 mph! If I call the judge in my case and let her know what happened, she’ll throw it out – right?

A. Most traffic ticket cases usually don’t start by contacting the presiding judge in your case. Even if you were able to reach the judge in your case, you’d most likely be told to contact the district attorney’s office or, if your ticket is in a municipal court, the municipal prosecutor. Most traffic ticket cases start by entering a plea of not guilty and having the court set your matter for a pretrial or trial date.

Then, before your trial date, you or, if Road Law is helping you, we can submit a video copy of your dashcam, your written statement of what happened, a copy of your three-year driver record, and copy of your ticket to let them know you’d be willing to withdraw your request for a trial if they would dismiss your traffic ticket or, at the very least, amend your original charge to a nonmoving or nonserious charge. It’s usually a lot better to go through the district attorney first and try to get a recommendation from them so that they can provide the recommendation to the judge for approval. LL

Editor’s note: The previous edition of Road Law took a look at masking.

This column is the opinion of the writer and does not necessarily reflect the opinions of Land Line Magazine or its publisher. Please remember everyone’s legal situation is different. Consult with an attorney for specific advice on your situation.

We invite you to send us any questions or comments you may have regarding transportation law to: Road Law, 3441 W. Memorial, Suite 4, Oklahoma City, OK 73134; contact us through our website at www.roadlaw.net or call us at (405) 242-2030. We look forward to hearing from you.