Road Law – October 2021

October 01, 2021 | Guest Author

In this edition of Road Law, we’re going to walk you through the mechanics of the procedural steps we deal with on traffic citations. A lot of the time, getting the end result that we’re wanting isn’t as easy as you might think, and we thought it would be helpful to walk you through the usual steps of defending a traffic ticket case. As always, we hope this information helps you.

Q: I received a traffic ticket for speeding and the officer said that he clocked me at 74 in a 55 mph zone. There’s no way I was doing 74 mph! My truck is governed at 65. Can we order the officer to provide proof that his radar had been properly calibrated? Can we subpoena the officer’s ticket history to see how many tickets he writes and what he writes most of them for? I want to fight this ticket.

A: You certainly do need to do so, but there are different ways to fight your ticket. One way is to plead not guilty and set the matter for a bench trial. Discovery can be ordered and the citing officer subpoenaed to appear at trial. Another way to fight the ticket is more about you and why you’re a good candidate to have this ticket dismissed or amended.

For example, we can try to have your ticket dismissed or amended without a trial by taking these steps:

Get a written statement of fact from you that we can then re-draft into an affidavit format.
Get a copy of your three-year driver record as proof that you’re not a habitual offender of traffic laws.
Provide the district attorney a copy of the same along with your statement of fact, the relevant section of the Federal Motor Carrier Safety
Regulations pertaining to your charge, and a copy of the National District Attorney Association Masking Quick Reference Guide so that the DA has confirmation that assisting a Class A driver with a traffic infraction is not masking.

If we can provide the DA with information that highlights why you deserve to have the ticket dismissed or amended rather than gripe about how unprofessional or wrong the citing officer was, the DA may very well dismiss or amend your ticket without the need of a full bench trial.

Q: I got a ticket in Virginia that I forgot about. Now, I received a notice in the mail from the court that they found me guilty. How can a court find me guilty when I didn’t even show up in court?

A: You need to remember that each state has its own set of rules when it comes to court procedures. Some states can’t find you guilty in your absence and some states can.

Unfortunately, Virginia happens to be one of those states that can find you guilty even if you’re a no-show.

However, in most of these states, you can appeal your conviction within the appropriate time frame and start over in the next level court.

In this case, you’ll need to contact the original court immediately and let them know that you want to appeal the matter. The court clerk can usually help you with the requirements to appeal your matter and you must do so before any deadline expires or you will no longer have that right. LL

In This Issue:

Road Law – October 2021

For example, we can try to have your ticket dismissed or amended without a trial by taking these steps:

Unfortunately, Virginia happens to be one of those states that can find you guilty even if you’re a no-show.

Read more Road Law.