HOW & WHY TO FIGHT A TRAFFIC TICKET

Texas Attorney Ryan Putz
Apr 4, 2018
3 min read

Updated: Nov 26, 2022

Let me start this blog by stating the one thing you SHOULD NOT do when you receive a traffic ticket -- NOTHING. A traffic ticket is usually a low-level misdemeanor that may be resolved easily. However, if you do nothing, this simple misdemeanor may lead to a bench warrant for failure to appear, and a $150 speeding violation can cost in excess of $500.

CONVICTIONS FOR TRAFFIC TICKETS MAY NEGATIVELY IMPACT INSURANCE RATES, EMPLOYMENT OPPORTUNITIES, AND COULD LEAD TO A LICENSE REVOCATION HEARING.

While we are on costs, I highly recommend hiring a lawyer. On average, my office fees for a single traffic violation ranges from $100 - $150. This is a flat fee, and not billed hourly. Employing a criminal defense attorney will ensure the best outcome and protect your driving record.

HOW TO FIGHT A TRAFFIC TICKET

1. CHALLENGE THE LAW ENFORCEMENT OFFICER'S SUBJECTIVE INTERPRETATION.

(a) Location - Was the officer in a favorable location to make the determination that you broke the law? An officer's vehicle position may be used to demonstrate that he did not have a clear vantage point to accurately make the determination of your charged offense.

(b) Distraction - Was the officer doing other tasks when determining you committed an offense? It may be shown that the officer was using a cell phone, laptop, or other electronic device that distracted him or her from making an accurate determination.

(c) Judgment - Was the officer's judgement as to what the actual "safe" speed for that road at that time accurate? Given the road conditions, weather, and/or traffic, it may be argued that the cited speed you were traveling was justified.

2. CHALLENGE THE POLICE OFFICERS REPORTING FACTS

(a) Witness Statements - A statement from a witness that observed the alleged violation may be used to show discrepancies in the officer's report.

(b) Photographs of Scene - Taking photographs at the scene of where the alleged violation occurred may be used to show the officer's facts were inaccurate, or he lacked the vantage point to make an accurate determination.

(c) Diagram - A clearly drawn diagram of where your vehicle was located in relation to the officer may be used to show report inaccuracies.

3. DEMONSTRATE THAT YOUR CONDUCT WAS NECESSARY TO AVOID GREATER HARM.

One of the best defenses and ways to justify your conduct is to show a legal necessity. A legal necessity is an emergency that was not made by you. Therefore, this legal necessity forced you to violate the law in order to avoid a serious danger to yourself and others.

WHAT TO DO WHEN YOU ARE PULLED OVER

1. Be courteous and polite to the officer.

Officers have discretion and may issue a less costly offense than the one you committed, possible even a warning. Inconsiderate behavior may be noted, and prosecutors will use this against you when plea bargaining.

2. Do not admit quilt!!!

If the officer asks you why he pulled you over, politely respond, "No, I do not." Any admissions you make can, and most likely, will be used against you later.

3. Ask the officer if you can handle the ticket through mail, or alternatively, ask the officer how he detected and verified the offense you are being charged with.

Give the officer a reason to believe you are not likely to go to court to contest the charge. The officer may take fewer notes and leave less of a paper trail. When it comes time for the hearing, the lack of notes and recollection will help you receive a more favorable outcome.

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Contact Law Office of Ryan Putz today for a confidential consultation of your case. Attorney Ryan Putz can help with a traffic ticket or traffic violation charge in Harris County, Montgomery County, Galveston County, and Brazoria County Texas.

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