Road Law – May 2024
After receiving a ticket, a lot of drivers believe that simply hiring a lawyer and providing a copy of the ticket is all they need to do.
Unfortunately, it’s becoming more and more difficult for attorneys to get their CDL clients any pretrial relief in traffic ticket cases. If you simply give a copy of your ticket to an attorney without providing any “ammunition,” you’re usually just wasting your time and money. To have the best chance of success when fighting a traffic ticket, you need to have a game plan before spending a lot of money hiring an attorney to help you.
In this issue of Road Law, we’ll look at issues that can affect the outcome when hiring an attorney to help fight a ticket, as well as specific information you can provide your attorney to really improve your chance for success. As always, we hope this information is helpful to you.
Q: I got a ticket in Oklahoma for “Speeding 32/25” in a school zone. I wasn’t driving 32 mph, and there wasn’t any yellow, flashing light in the school zone. I hired an attorney to help me fight this ticket, and the attorney asked me for a statement as to what happened and any other relevant information. What information should I include in my statement, and what else could I give my attorney to help my case?
A: First, was there a problem with the officer who gave you the ticket? As in, was the officer rude? Did you argue with the officer? Did you admit to speeding at all? No? That’s great. Start your written statement by letting your attorney know that there was no problem between you and the officer; that you kept your cool and acted professionally; that you didn’t argue with the officer or make any admissions. This information is very important because, if there was a problem between you and the citing officer, the officer usually will write about it on the back of his or her copy of your ticket, which goes directly to the district attorney or municipal prosecutor.
Second, do you think there may have been a mechanical defect with your truck that could have affected the speed it was reporting? Is it possible that the speedometer was off by 7 or 8 mph? Yes? Is it possible for you to have the speedometer recalibrated as proof that it was off and to provide your attorney with a repair receipt for the issue?
Could there have been an issue with a speed sensor on your speedometer? Is it possible for you to purchase another speed sensor and provide your attorney with a receipt for it? Were the tires on your tractor recently replaced with a different size tire, and can you provide your attorney with a receipt for them? These are all very, very important questions, because if you’re able to provide your attorney with a copy of a receipt for a repair or a part replacement relevant to a speed component for your vehicle, your attorney will be able to share this information with the district attorney or municipal prosecutor as a factual basis to help in having your original charge amended or dismissed.
Last, do you have a good or decent three-year driver record? If so, provide your attorney with a copy of your current record as proof that you’re not a habitual offender of traffic laws and that you deserve a good recommendation from the district attorney or municipal prosecutor. LL
We invite you to send any questions or comments regarding transportation law to: Road Law, 3441 W. Memorial Road, Suite 4, Oklahoma City, OK 73134; to contact us through our website at www.RoadLaw.net; or to call us at 405-242-2030. We look forward to hearing from you.