On a street I take home form school, there is a police officer always clocking in the same spot which happens to be a school zone. The school speed light is flashing yellow, but on the sign it says "When children are present," not "When light is flashing." I pass through there at 3:10 PM everyday. Pre-K and Kindergarten kids are let out at 3:00 PM and their buses are gone by the time I go past and no children are visible. The remaining students (grades 1-5) are let out at 3:25 PM. If I were to go the regular speed limit of 40 MPH would I be able to successfully contest a ticket if I received one?
Criminal Defense Attorney
No. First of all, it is not worth the risk. Second if the light is flashing, that is a warning. Why run the risk for an extra minute?
First, let me state that I am a Traffic Ticket Attorney in Texas and make no claims to know the laws in your state. I will answer your question, as if your case arose in Texas, but I strongly encourage you to ask an attorney in the jurisdiction were the case is pending.
It sound like you want to plea not guilty and have a trial. I would just ask you to reflect on a few questions:
1. Have you read the actual statute that you are being charged with violating?
2. If yes, do you have a clear understanding of what the prosecutor will be required to prove to win his/her case?
3. Are you aware of any legal defenses to your case?
4. Have you thought about what witnesses to call on your behalf?
5. Have you thought about the relevant questions you will ask them, that will aid your defense?
6. Have you thought about the witnesses the State will call against you?
7. And if so, is it better for you to question them or just pass the witness and ask nothing?
There are many many more questions you need to think about. I would strongly encourge you to be honest with yourself. ARE YOU QUALIFIED TO REPRESENT YOURSELF?
Most people are not. It is the rare non-attorney that can. Frankly, most good lawyers cannot even represent themselves well.
My best advise if you want to go to trial: hire an attorney that practices in the court your case will be heard and that works primarily with traffic tickets.
If you have found my answer helpful, please give me a thumbs up.
I would never advise you to just pay it as it may harm your driving record or cost you more money than may be necessary.