i got a ticket for passing a steady red light. it was really a yellow light that lasted about 2 seconds. can i fight this at court and win
Yes, you can fight it. However, when it is your word against an officer's, it is difficult to win. You have a better chance on winning if the officer makes a mistake or omits some critical testimony. Feel free to visit http;//www.nytrafficticket.com for some useful information about fighting such tickets. Thanks
DUI / DWI Attorney
Can you fight it and win? Of course you can fight it, but winning is a question that no attorney can answer for you. That will depend on the officer's recollections, demeanor, and testimony, as well as your own.
SInce 1985, my firm has defended over 80,000 tickets in the Dallas, Texas area. It has been our observation that the defendant will win about 25% of the time when they have a contested trial, and most of the time, it's not what the defendant says that wins the case, it's what the officers says, or more specifically, how the officer says it. If the officer comes off as rude or condescending, he'll have less credibility and you'll have a better chance of winning.
We also have gotten thousands of cases dismissed when the officer fails to show up for a trial date. In Dallas, that happens about 60% of the time. So you may want to take the chance.
If you DO decide to contest the case, you'd get the best results by hiring a lawyer to assist you. But if you insist on handling it yourself, at a MINIMUM, go to court a week or so before your trial date, and sit and watch a couple of trials. You'll never learn everything a lawyer knows without going to law school and then fighting a few hundred tickets, but you can pick up many things just by showing up and paying close attention.
If you get the chance, and there is more than one case going to trial on your trial date, offer to have your case done last. 1) You may pick up something helpful by watching the other trial, and 2) there is at least a small chance that the officer or the prosecutor will get impatient dismiss the case! I've seen it happen!
2 lawyers agree
Of course, you can fight the ticket. Whether you win depends on how well a case against you is presented and/or how well you present a credible defense. Some courts will offer to reduce the charge after you enter a not guilty plea. If this is the case for you, I would certainly explore this possibility. Feel free to visit my web site at http://www.nytrafficticket.com for useful information for fighting traffic tickets in New York. Thanks
Criminal Defense Attorney
Yes, you can win, but it takes a few extra methods to make it easier to win. First, if you were issued a simple traffic ticket, you have the right to a Supporting Deposition that fills out the information more completely. If you demand it in writing wtihin 48 hours of getting the ticket and send it to the Court, the police officer must respond within 30 days of the court getting served with your letter. In our office we have a specific way of doing this that makes it more likely that they won't respond in time or at all.
If they fail to respond within that 30 day period, the ticket is no longer viable and can be dismissed by the Court upon a written motion to dismiss. I've been successful at using this technique for 30 years and I've had many tickets dismissed by using it.
If that doesn't work, then at trial, it will come down to whether the Judge believes the Police Officer or not. One thing I can tell you is if you enter the intersection while the light is yellow, that's sufficient for you to not being convicted for the red light. The intersection starts at the corner of the curb closest to your vehicle and extends across the street. If you are already in the intersection when the lilght turns from yellow to red, then you should not be convicted of a red light infraction.
4 found this helpful
1 lawyer agrees