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How to Fight a Speeding Ticket

Fri, 12 Jun 2009 18:12:04 GMT

If you have received a speeding ticket then you know that it is not only a nuisance at the time that you are pulled over but it can also be a lasting headache. If you plead guilty or are convicted of speeding then you might face significant fines, an increase in your car insurance premiums and a mark on your driving record that may be used against you in subsequent driving related incidents.

The serious implications of speeding tickets lead many alleged offenders to enter a plea of not guilty and defend themselves in the hope of avoiding all of the possible penalties. Some possible defenses include:

· Speed limits were not appropriately posted: this defense is often raised by drivers who are issued a speeding ticket. A driver may claim that there were no speed limit signs posted or that the signs were blocked by foliage or other obstructions. Drivers who raise this objection must be aware of two important town or city regulations, however. First, they must be aware of the default speed limit for the jurisdiction in which they were driving and the speed listed on their ticket must not be above that default limit. Second, they must be aware of the jurisdiction’s requirements for how speed limit signs must be posted and then claim that speed limits signs were not appropriately posted given those requirements. The fact that a driver simply did not see a speed limit sign is not a valid defense.

· There was a problem with how the police calculated your speed: This is often one of the more difficult defenses. In order to be successful with this defense you need to prove that there was either a mechanical problem with the speed calculation device or in the way the police officer used the device. You might assert, for example, that the radar used by the police does not accurately measure speed from the distance that you were from the police officer at the time of the alleged radar reading.

· Legal Justification: this defense applies when the driver was speeding because of the actions of others. For example, if the driver has been kidnapped and is being forced to drive the car by the kidnapper then the driver would have a valid defense for speeding. Similarly, if the driver is being pursued by a criminal and is fleeing a situation in self defense then that would likely be a legal justification for speeding.

· Discrimination: If you can prove that the police officer pulled you over and gave you a ticket because of your race, religion, gender, age or other protected class then that may be a valid defense.

Before you enter court to defend your case it is important to remember two things. First, your defense must be true. Second, you must have evidence to support your defense claim. Then, you will be ready to make a case to a judge or magistrate about why you should be found not guilty of speeding.

Legal Negligence

Mon, 26 Oct 2009 18:01:09 GMT

Negligence is a term that is commonly used to mean that someone did not act with the appropriate level of care. However, when negligence is used as a legal term it has a very specific definition and in order for a person who sustained injuries in an accident to recover damages, each element of the legal definition of negligence must be satisfied.

Generally, there are four elements that a plaintiff must prove in a negligence case. Those elements include:

· Duty of Care: A plaintiff first needs to establish that the defendant had a legal responsibility to exercise a reasonable degree of care toward the victim. The way in which you determine whether a defendant owed the victim a duty of care depends on the jurisdiction in which the case is heard. Some states have adopted a “foreseeability” test to determine if a duty of care exists. In these states, the defendant owed the victim a duty of care if harm to the victim was a foreseeable consequence of the defendant’s actions. Other states determine whether a duty of care exists by applying a balancing test that considers the forseeability of the harm, the degree of certainty that someone will be harmed, the burden that would be placed on the defendant if he tried to prevent the harm and other similar factors.

· Breach of the Duty of Care: Once a duty of care is established, the plaintiff must prove that duty of care was breached. Typically, the duty of care is breached if the defendant knew what the consequences of his or her actions would be or failed to act like a reasonable person would have acted given the circumstances. The reasonable person standard considers both the location and qualifications of the defendant. For example, a cardiologist is compared to other cardiologists in his jurisdiction when the court is deciding if he failed to act like a reasonable person would act in a medical malpractice action.

· Causation: If a defendant is found to have breached his or her duty of care, the next step for the plaintiff is to prove that the defendant’s actions caused the plaintiff’s injuries which would not have happened but for the defendant’s actions. For example, if the victim was hurt in a car accident then the victim’s injuries must have occurred because of the defendant’s breach of his duty of care (for example, speeding) and not for any other reason (for example, the victim suffered a heart attack while driving).

· Damages: If a plaintiff is successful in proving that the defendant had a duty of care that was breached and that caused the victim’s damages then the plaintiff must prove that he or she is entitled to damages pursuant to state law.

It is important to remember that negligence cases are most often tried in state court and that while many jurisdictions follow the basic definition of negligence provided above, every jurisdiction has its own laws about what constitutes legal negligence. Therefore, it is important to contact a personal injury attorney in the state in which your accident occurred if you believe that you might have a negligence case in that jurisdiction.

What to Expect if You are Pulled Over by the Police

Fri, 12 Jun 2009 18:12:49 GMT

Many drivers will be pulled over and ticketed by the police at least once. It can be an intimidating experience to have a uniformed officer signal for you to pull over and then approach your car. However, much of that intimidation can be eliminated if you know what to expect when you are pulled over.

What the Cops can Do During a Traffic Stop

Police officers should approach your car window and politely ask you for license and registration. The officer should inform you about the reason why you were stopped and should allow you to see his or her badge and photo identification if you so request. If the police officer decides to issue a ticket then you should leave with a copy of that ticket that clearly states the reason why the ticket was issued.

What the Cops cannot Do During a Traffic Stop

Police officers do not have unlimited authority when they stop you for a traffic violation. For example, they may not harass you nor discriminate against you. Additionally, they may not search your car unless they have reason to believe that you are may have ready access to a dangerous weapon, they see evidence of a crime in plain view or they have a validly executed search warrant for your vehicle. Police officers may not require that you pay the ticket at the time that is issued nor that you issue a plea of guilty or not guilty. Any police activity which you believe to be illegal or unethical should immediately be reported to a supervising police officer in your jurisdiction.

What You Should do at the Scene of the Accident

There are several steps that you can take at the scene of the accident to make sure that you protect your rights. First, always be respectful to the police officer even if you politely disagree with the officer. The officer is less likely to listen to your story if you are verbally combative and may take it as a threat to his or her safety which can significantly increase the charges brought against you. Second, do not admit anything to the police officer. If the officer asks you how fast you were going, for example, then you should politely respond that you are not aware of how fast you were travelling. If you admit to speeding it can be used against you in court. Third, make sure that you understand why you are being ticketed. Fourth, if possible take pictures of the scene, even if you need to do this with your cell phone camera. Take note of any weather, traffic or road conditions that you feel contributed to the reason for your ticket. Finally, take the names, addresses and phone number of any witnesses in case you need to contact them in the future.

It is never pleasant to be pulled over by the police. However, with some knowledge about how both you and the officer should act the situation can be less frightening.

The Top 5 Reasons Why Police Give Traffic Tickets and How to Avoid Getting One of Your Own

Fri, 12 Jun 2009 18:13:37 GMT

Every day people across the United States are stopped by police officers and issued traffic tickets. Often, what comes next is a big hassle. Alleged offenders have the choice of pleading guilty and accepting the punishment or pleading not guilty and incurring the time and expense of defending themselves in court. An easier and less expensive way to handle the problem of traffic tickets would be to avoid getting them in the first place.

General Rules

The most important thing to remember is that in many cases police officers have discretion about whether to issue you an informal warning or a formal ticket. If you have any chance of getting off with just an informal warning then you must be respectful and non confrontational with the police officer.

Also, if there is a good reason for your behavior it is important to make the police officer aware of it. For example, if you are trying to get to daycare to pick up a sick child or you are trying to get to a dying relative’s bedside then you should share that information with the police officer. Of course, you should only use reasons such as these when they are true and you should be prepared for a police escort to your destination or independent police verification of your story.

Common Reasons for Traffic Tickets

1. Speeding: Speeding tickets are among the most common types of traffic tickets. All of the general rules described above apply to avoiding a speeding ticket if you are pulled over for speeding. It is prudent to travel at or slightly below the speed limit at all times to avoid a ticket.

2. Driving Under the Influence: the best way to avoid a DUI ticket is obvious. Don’t drink and drive. However, it is also important to avoid the appearance of drinking and driving. For example, if you are going to rest in your car so that you can sober up before you drive home then make sure to do it in the backseat and without the key in the ignition. Then you can avoid even the appearance of drunk driving.

3. Cell Phone Usage: some states ban the use of handheld cell phones will operating a motor vehicle. In order to use your cell phone while driving in these jurisdictions it is important to use a hands free device.

4. Violating a rule of the road: drivers must be aware of the rules of the road in the jurisdiction in which they traveling. For example, if state law requires you to stop for pedestrians in crosswalks then you must abide by that law. Not being aware of the law is not a proper defense. Therefore, drivers should drive carefully and prudently to avoid an unintentional violation of a traffic law.

5. Violating a car registration / driver’s license requirement: your car registration and license need to be updated according to the rules of your jurisdiction. It is illegal to operate a car with an expired registration or an expired license and there are few valid defenses for doing so. However, if you have extenuating circumstances that have delayed your renewal or have made good faith attempts to make the renewal but have been unable to do so through no fault of your own then you should keep documentation of the circumstances or attempts in your vehicle and explain them to the officer when you are pulled over.

The next time that you get behind the wheel consider the advice provided above to avoid the nuisance of a traffic ticket. You will be glad that you did.

How an Attorney Can Help You Fight a Traffic Ticket

Fri, 12 Jun 2009 18:14:18 GMT

People often wonder if they should hire an attorney to help them fight a traffic infraction. In order to determine whether you should hire an attorney to help you, it is important to do a cost benefit analysis in order to determine if it is worth the money. Remember, that whether you are convicted of a relatively minor traffic offense like speeding or a more serious offense such as drunk driving, the financial cost to you will be much greater than the ticket price. Likely, a conviction will cause your car insurance to increase and if an accident occurred because of your actions, you may need to pay for injuries and property damage incurred by other.

Given the potential consequences of a ticket, it is often financially beneficial to hire an attorney. It is especially important to hire an attorney if you are ticketed for driving under the influence (DUI, DWI), driving with a suspended license or causing an accident. It is also important to hire an attorney for some routine tickets such as speeding, particularly if this is not your first offense.

What Happens After a Ticket is Issued

The legal procedures that are followed vary from state to state. Depending on the reason for the ticket and the jurisdiction, the person to whom the ticket was issued may have the chance to assert a defense by mail. If that defense is rejected then the person will likely need to go to court. For a simple speeding ticket this is often a quick appearance, although it can have serious consequences. For more serious charges such as drunk driving or driving with a suspended license the court appearance may be more involved. Traffic court cases are most often heard before a magistrate or state traffic court judge and not a jury. Appeal processes vary from state to state and may include the right to appeal to the state trial court.

Possible Penalties

The penalties for any traffic ticket can be serious. Of course, more serious violations and repeat offenders typically receive harsher sentences. However, everyone who receives a ticket should be aware of the following potential penalties:

Fines: If you plead guilty to or are found guilty of the offense for which you were ticketed you will likely have to pay a fine.
“Points” on your license: points are kind of like strikes against you. When you receive a certain number of points you are “out” of the driving game because your license will be suspended.
Suspended license: When you reach the maximum number of license points allowed by state or law or if you commit a first offense that is serious in nature you may lose your driving privileges either temporarily or permanently.
Increase in Car insurance Premiums: Your car insurance premiums will likely increase every time you plead guilty or are found guilty of a traffic violation.

Traffic tickets carry with them the potential for serious penalties. Therefore, it often cost efficient to hire an attorney to handle your initial claim rather than deal with the possible penalties for being found guilty of a traffic offense.