How Do You Challenge a Traffic Violation?

How Do You Challenge a Traffic Violation?

Imagine driving your car, and suddenly, a police car pulls over and accuses you of breaking traffic rules. You know you haven’t done anything to break any rule. But there is no way to prove it right now. So, will you accept his claims?

Definitely not; you don’t have to do it. You can challenge those claims and get out of that situation by contacting a traffic ticket lawyer.

In the following discussion, you will know everything you can do to challenge a traffic violation.

Go Through the Ticket

You’ll decide what to do if you receive a traffic ticket. First, read the ticket properly on its front and back sides. It will help you decide your next step. You’ll find details about the procedures you need to pay or contest the ticket on the back of the ticket. Look for deadlines for filing a ticket dispute.

Make Notes and Take Photos

When you finish reading the ticket, take a moment to write down the details of the incident and take some pictures.

If you received a driving ticket, note the following information:

  • The incident’s date and time.
  • The number of people with you.
  • Where your car was located in the vehicle, how you handled it, whether it was turned on, or had any connection with a wired or wireless technology
  • Exactly what the police officer told you about the traffic violation, whether they informed you about using your phone while driving or that they recorded a picture or a video of you doing so.
  • It’s best to keep your mouth shut and be kind to the police. However, if you did, record everything you said. For example, if you informed the officer that you were checking the time on your phone.

Decide what to do

After reading the ticket and taking some notes, you must choose among the three options of

  • Paying the fine
  • Fighting against the ticket
  • Taking no action.

Most of the tickets have a 30-day deadline for payment or claim. However, carefully check the ticket in case the time restriction is shorter.

File your dispute

Do you feel the penalty amount is unreasonable and disagree with the ticket? Do you like to make a smaller payment or get more time to pay? Then you can fight against the ticket.

You have choices regarding how to submit your claim. You can report your disagreement by bringing your ticket and driver’s license to any provincial court registry or driver licensing office.

You can send it through the mail by writing a letter stating that you are claiming the offence or the fine. The violation ticket must be included in your letter as an attachment.

However, you must include the following in your letter:

  • The offence’s law and section number that is stated on the ticket
  • The reasons behind disputing the fine amount
  • The ticket number and violation date
  • Your entire name, address, license plate number, and birthdate

Attend court, if necessary

You or your lawyer must appear in court on the scheduled date and time specified in the hearing notice. So for that, you need to prepare yourself as follows:

  • Dress modestly but comfortably
  • Bring a pen and a notepad to take notes
  • Arrive 30 minutes early
  • Switch off your phone

Stay Present at the Court Hearing

The officer will go first, followed by any further witnesses if there are any. They will report what they saw to the court. Your lawyer will have his turn to interrogate the police and the witnesses. Luckily, you won’t be declared guilty just after that or if you don’t have anything to prove yourself.

You will get your turn to explain the incident. Following your testimony, you and the officer will get a chance to summarize your case. The justice then will decide whether you are guilty here or not.

You will get a penalty, usually a fine, if you are proven guilty. Justice may consider your driving history. However, you can request a lower fine or extended time to pay the fine. But driver penalty points will be reduced here.

But if you aren’t found guilty in this case, you will get rid of those claims. You won’t need to pay any fine or penalty, and the driver’s penalty points will remain the same.

To wrap up

Do not stay silent or be afraid whenever you feel you are wrongly accused of that traffic violation. You must claim against that accusation.

An expert traffic ticket lawyer can help you the best and get you out of this situation. Yet, drive carefully and stay safe. Don’t let anything distract you, and remain safe from the tickets.

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