I am not an attorney, nor does my advice substitute for one. The following is based on my personal experiences defending myself in traffic court.

This advice is most effective for relatively minor offences, such as running a red light, improper passing, speeding less then 20 mph over the limit, etc. Usually if an accident occurred or if the driver was intoxicated the charges are much harder to have dismissed. If you have been accused of one of these minor offenses then you, the accused, stand a reasonably good chance of getting a lesser sentence or having the charges against you dropped.

First. Read the ticket and make sure you know your court date and time. Also check the law you are accused of violating, which is usually abbreviated as (example) 16-3-22. Google your state’s legal code and search for the law based on the information on your ticket (Washington state law 16-3-22). Read the text of the law, if the law cited on the ticket is for speeding when you ran a red light you just won your case.

Second. Understand the law. A friend of mine was pulled over for not having his lights on after dark. He read the law and learned that a driver has up to 30 minutes after sundown to turn on his lights. My friend checked the weather report and learned the citation was issued 17 minutes after sundown. All charges dropped. Actually understand the law you have been accused of breaking.

Third. Prepare a basic defense. This shouldn’t take more than an hour and simply involves bringing creating doubt that you committed the offense. Was a bush blocking the speed limit sign (take pictures!!!)? Did the officer have a clear line of site when he said you ran the red light? Was the highway packed with cars when the officer claimed he clocked your car and not another with the radar gun? Also research an alternative offense you would be willing to plea to, not necessarily with a lower fine but with less points. I plead guilty to driving to fast for conditions (0 points and $75) when I was charged with running a red light (2 points and $75), and I would take that deal every day of the week. Points are what will lead to suspension of your license and usually higher insurance rates. Also some states allow you to attend traffic school in lieu of points, an option I would recommend.

Fourth. Plea not guilt and try to settle for a lesser offense. When you go to traffic court you will enter a plea, usually in front of a judge. After you enter your plea of not guilty the judge will set a trial date, you then need to find the prosecuted, sometimes called the solicitor. Usually this person will be standing next to you infront of the judge, or may even speak to you before you enter your plea. THIS PERSON IS NOT YOUR FRIEND. Don’t take it personally but this person wants you to plea guilty and will act like they have your best interests in mind. Give them your basic defense, have about a 1 minute speech prepared in which you say why you aren’t guilty and assure then you will go to trial if necessary. Most prosecutors will offer to reduce your ticket right now. Bargain and see if you can get the lesser offense you picked out earlier, this happens more often then you may think.

But why?

The sad and most important thing to remember is the purpose of traffic court: to make money. It only take 15 minutes for an officer to write a traffic ticket worth $100, which is a very effective way to make money under the guise of justice. And since less than 5% of traffic tickets are contested the county/town/city is practically guaranteed to receive your money. On the other hand if you have a simple, one hour trial the city/town/county has to pay a judge, a clerk, a lawyer and a police officer to prosecute you at the least. For a $100 ticket the trial will cost the court more than it will make on the fine from your ticket.

If the prosecutor did not offer you a good plea bargain prepare to go to court…sort of.

Fifth. Reconsider your plea, change your court date and prepare to argue. Maybe asking to have 28 over the limit reduced to 9 over the limit is too unreasonable, consider the prosecutor’s deal again, chances are it will still be on the table before the trial. Also try to change your court date to a different day of the week, which will reduce the likelihood that the officer who wrote the ticket will be able to testify. IF THE COP DOESN’T SHOW UP YOU USUALLY WIN BY DEFAULT. Police usually work 5 days a week, one of which is usually spent at the station doing desk work, guarding the jail or courthouse. Traffic court dates are synchronized so that the officer who wrote you the ticket will not be on patrol or not working during your trial. If the officer is on patrol he will usually not be called back for a simple case in traffic court, and if he is not working calling him in usually means a minimum of three hours overtime pay.

Sixth. Prepare arguments, collect evidence and practice. Several books exist on trial procedure and strategy. Basically you will need to prepare questions to ask the officer and any witnesses you bring along, such as bystanders and passengers in your vehicle. If you have nay pictures or diagrams enlarge them and practice explaining what they mean infront of a mirror or other people. Before the trail talk to the prosecutor, make a big show about all the witnesses and diagrams you have and are going to use during the trail. Ask if the officer will be available, if the prosecution has any other witnesses, etc. The most important thing is to convince the prosecutor you are serious about your defense and will take up a huge amount of the court’s very expensive time to prove your innocence. Make a last plea offer, if any, and then make your case. At the end of the trail the judge will issue a verdict. If you are convicted of the offense ask the judge if he will find you guilty of a lesser crime. Above all things remember that you tried your best.

Check out these other sites for more information.

http://www.tixnix.com/
http://www.Fight-The-Speeding-Ticket.com/