What if cop makes mistakes on ticket




















Based on the legal definition contained in the statute, all offenses can be broken down into " elements. For instance, establishing a distracted driving violation might require proof of two basic elements: 1 the person was driving, and 2 the person was using a prohibited electronic device like a cellphone. Whatever offense you've been cited for, if the state can't prove even one element, the judge is supposed to find you not guilty. So, if you think the evidence is weak or absent as to any element, you probably want to direct that the judge's attention to the deficiency.

In some cases, challenging the police officer's view of what happened may be a good strategy. For example, when an officer gives you a ticket for making an unsafe left turn, it's based on the officer's subjective determination that your actions were unsafe. In court, you might challenge the officer's assessment and give reasons for why you believe the turn you made was safe. For instance, maybe the officer thought you were driving dangerously because your tires squealed, but the real reason for that was having new tires on a smooth road surface.

And in certain instances, establishing a speeding violation requires a subject judgment on the part of the officer that you were going an unsafe speed. This is the case when you're cited with violating a "presumed" speed limit or a "basic speeding law. Factors that might weigh in the driver's favor include things like good weather conditions, light traffic, and a speed that was only slightly above the posted limit.

For example, suppose you were cited for failing to come to a stop at a red light or making an illegal U-turn. In other words, you can sometimes increase your odds of winning if you can show that the officer either couldn't see what was going on or was too distracted with some other task to accurately assess the situation.

Here are some types of evidence that could help you convince a judge or jury the officer's version of events is unreliable:. Every situation is different. But whatever the particular circumstances, having something other than your own word to support your argument will increase your chances of winning. Judges are allowed some leeway in considering circumstances beyond your control.

If you can show that you made an honest and reasonable error, a judge might find you made a " mistake of fact " and dismiss your ticket. A " mistake of law ," on the other hand, generally won't do you any good. For example, if you get cited for speeding, not knowing the speed limit generally isn't a valid defense.

It doesn't happen very often, but there are instances where a driver might need to violate a traffic law to avoid greater harm. They say that you just put it on as they walked up to the car, but when they pulled you over initially, you were not wearing it.

Now what? This does happen, and you do have a right to fight the traffic ticket if you think the officer was wrong. Maybe they just made a mistake. Maybe they did not understand the law. Every case is unique, but these are all possibilities. This is a citation, or a traffic ticket. There are many reasons a traffic ticket could be rendered invalid. If any of these apply to your citation, you might be able to use them to get your ticket dismissed:.

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