Is it Worth Your Time to Fight a Traffic Violation?

Getting a traffic ticket is never fun, but then again, it is not the end of the world. Most traffic violations often result in a small fine and possibly traffic school but nothing more. For individuals who have not had a ticket in ten years and who do not anticipate receiving another ticket in another ten years, it might be best to pay the fine and move on. However, for some individuals, another traffic violation could mean a suspended license, and for others, such as individuals who make their living by driving, even a single ticket could result in a lost job. Then there are more serious traffic violations such as DUIs and reckless driving charges that could result in jail time, a hefty fine, a suspended license, and job loss. If you can relate to any of the latter categories, it may be worth your while to fight the ticket.

At The Bellinger Law Office, our Fort Wayne traffic violations lawyers can help you determine whether or not it is worth your while to fight a traffic ticket and, if so, advise you on what you need to do in order to be successful in your endeavors. If you recently received a traffic ticket in Indiana that you are considering fighting, consider the information in this post before you proceed.

Know What the Law Says

Many police officers are familiar with laws in the most basic sense, but when it comes to thoroughly understanding the exact meaning or wording of each statute outlined in Indiana’s Motor Vehicle Code, most would have to claim ignorance. This has nothing to do with lack of training or education on their part. It is just that most laws are so convoluted that it is not uncommon to discover a loophole, or several, within each statute.  You may be able to get out of a traffic violation by unveiling such a loophole. Study the law carefully and you may find that you did not actually violate the law at all.

Even if you cannot find a loophole in the law that outlines the offense you are charged with committing, you may be able to prove that you were not guilty of one or more elements of the law, which would mean that you are not guilty of the offense for which you were charged.

This is when it would come in handy to have an attorney on your side. An experienced attorney understands traffic laws in a way that most city officials do not, and he or she can help you break down the law to its essential elements and possibly prove that you were not guilty of a legal violation at all.

Consider Other Defenses

If you cannot find a loophole or if an attorney cannot show that there is any one element of a statute that does not apply to your traffic offense, you may still have options. Some things to consider if you are thinking about fighting a traffic violation include:

• Whether or not the officer’s view of the incident for which you were charged was thwarted by other cars or objects;
• Whether or not the officer stopped the right car (in heavy traffic conditions, it is not uncommon for police officers to pull over the wrong vehicle);
• Did the officer approach stopping and citing you in a “wrong way”?; and
• Are there any other laws that make what you did a legal exception?

If you cannot come up with a defense that supports any of the above possibilities, you likely do not have a case, and going to court would likely be a waste of both your time and the judges.

What Happens When the Officer Does Not Show

If you really want to get out of your traffic ticket but you cannot find a loophole, reveal an exception, or build a viable defense, you can still show up to court and hope that the officer does not show. If the officer does not show but you do, you are likely to win. If you want to gauge the likelihood that the officer will show, consider the following:

• The severity of your violation. The more severe the violation, the more likely the officer is to show up, and vice versa.
• The location of the officer’s precinct from the court house. The farther the officer has to drive, the less likely he or she is to show up.
• The time of year. If you plan on fighting your ticket during the summer or during the holiday season, you stand a chance of winning, as most officer’s will not go to court when they are on vacation.

If You Plan to Fight Your Ticket, Hire an Attorney to Help

If you are determined to fight your traffic ticket because you are worried about how it might affect your employment or your future, retain the help of a knowledgeable Fort Wayne traffic violations attorney. Contact The Bellinger Law Office today to learn more about your legal options and possible defenses.