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How do I challenge my traffic violation?

Like all other parts of the justice system, traffic courts follow certain procedures, and it is important to know what they are in order to successfully challenge a traffic violation. Here are some basic rules to observe when seeking to get a ticket overturned with the help of your lawyer: 

  1. When you receive your ticket, make note of all deadlines and addresses for interacting with the court. Failure to comply with deadlines will make challenging your ticket impossible.
  2. If you plead not guilty to a traffic violation, you will receive a trial date. At the trial, your lawyer can argue the law that was applied when the ticket was issued, question the police officer who issued the ticket, present evidence to aid your case and call witnesses.
  3. Some types of tickets, such as a faulty tail-light or driving without your registration, can be resolved in your favor by showing that the problem has been fixed.

RELATED POST: Your Rights During a Traffic Stop 

Will a traffic violation impact my insurance?

Insurance companies assign “points” to their customers based on their driving history, which they use to assign rates to drivers. Any traffic violation that you receive will add points to your record. The more points you have, the more you will likely have to pay for insurance. Drivers with too many points on their record not only risk paying more for insurance, but also having their license suspended or revoked.

On average, insurance rates increase 73% for reckless driving and 20% for violations like speeding and failure to stop. Your insurance company may keep these violations on your record for up to five years, which is longer than the four years in which the state keeps them. However, most insurance carriers can still see your entire driving history even if the points are no longer on your record. 

In many cases, if you are a driver with no traffic violations, you can get a “good driver discount” on your insurance. You can check your insurance policy traffic declaration page for detailed information on traffic violations and the resulting penalties. You can also call your insurance customer service number. If you are a driver with too many points on your license, you are considered a “high risk driver.” If your driving results in serious cases, your insurance company may not renew your policy.

Can a traffic violation be dismissed?

Yes, we can work with the court to find an optimal outcome for your situation.

Should I go to court for a speeding ticket?

Yes. Although you may be fine with paying the fine, a traffic violation is more than that. Points on your license can result in higher premiums and a change in your policy.

Do all speeding tickets go on your record?

Yes, even if you are ticketed for going five miles over the speed limit, this infraction will still end up on your record.

Will a speeding ticket violate my probation?

It is unlikely that a speeding ticket will be considered a violation of your probation. However, we recommend consulting your attorney on the best approach going forward.

Can speeding tickets increase insurance?

Depending on your state, your speeding ticket may not impact your insurance rate. If it says, “nonpayment of this citation cannot adversely affect your credit score or report, driver licenses, and/or automobile insurance rates.”

If you are unsure, it is best to consult with an attorney. Collection efforts could be pursued for an unpaid traffic ticket, like any other unpaid debt and there could be civil penalties associated.


CONTINUE READING: Your Rights During a Traffic Stop 



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