Traffic Tickets: Should You Fight It Or Simply Pay the Fine?

 Posted on July 25, 2016 in Traffic Violations

Under Illinois state law, there are numerous traffic violations. Disobey any one of them and you become at risk for a traffic violation. Unbeknownst to many, it is possible to fight most traffic violations, but is fighting you latest one really worth the trouble? The following information can help you decide.

Did You Actually Violate the Law?

Interestingly, most police officers do not actually know the exact wording of the law. As such, they may write you a ticket for a violation that you did not actually commit. This does not necessarily mean that you did not violate the law; it really only means that the exact wording of the violation does not quite encompass your behavior. If, for example, you were ticketed because you slowed but did not fully stop at a stop sign, you may be able to contest the ticket if no other vehicles were at the intersection.

Should You Contest the Ticket or Pay It?

Paying a traffic ticket is an automatic admission of guilt. So, if you have any doubts as to whether or not the law was actually violated, you should contact an attorney and speak with them about your situation. Most importantly, attend your court date and do not pay anything toward the balance until you have a final determination from a judge.

Possible Defenses in Traffic Court

When it comes to contesting a traffic ticket, there are a number of potential defenses that may be used. An attorney can advise you as to which defense may be most suitable for your unique situation. However, there are some steps you can take now to increase your chances of nailing a good, solid defense. For example, you may be able to increase the chances of an officer no-show at court (you have a right to question your accuser) by postponing your court date. Or, you may be able to request a trial by declaration (mail) and increase the chances that the officer does not handle their side of the paperwork.

Whatever you do, do not do nothing. This can lead to serious consequences, including jail time for failure to appear in court. Instead, contact an experienced criminal defense lawyer and explain your situation. If contesting your ticket is an option, they will let you know how they may be able to help. And, even if contesting is not an option, an experienced attorney can help you figure out how to minimize the damage that a ticket has on your record.

Scott F. Anderson, Attorney at Law, can work at helping you avoid conviction for any type of traffic violation charge. Skilled in handling criminal charges relating to DUIs, speeding, driving while suspended or revoked, and more, our Arlington Heights, Illinois criminal defense lawyers stand up for your rights and pursue the most favorable outcome for your unique situation. To schedule your free initial consultation, call us at 847-253-3400 today.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1815&ChapterID=49&SeqStart=120200000&SeqEnd=125200000

http://thelawdictionary.org/article/what-happens-if-a-police-officer-does-not-show-up-for-a-dwi-hearing/