Speeding Ticket Lawyer Fairfax VA
As a Speeding Ticket Lawyer in Fairfax, VA at May Law, LLP can tell you, there are many different defenses that may be utilized to fight a traffic ticket. Which one is used will largely depend on the circumstances of the case; however, most are based on your right to question the officer (i.e. the accuser).
Common Traffic Ticket Defenses
The following are the most common defenses to a traffic ticket. If you are ready to fight your own ticket, call a Fairfax Speeding Ticket Lawyer at May Law, LLP right away.
The Police Officer Fails to Show
It may be possible to have your ticket dismissed if the officer doesn’t show up to court; however, this is not so straightforward. Rather, to have this happen, the officer must not show up on their scheduled court dates, and he or she, failed to let the court know. This is rare. What may be possible is for a Speeding Ticket Lawyer in Fairfax to postpone your court date. There are ways to do this in an attempt to discourage the officer from showing up.
If you were ticketed by a speed camera, don’t assume you cannot fight the ticket. As our team may explain to you, these tickets can be beat. For example, a Virginia Speeding Ticket Lawyer might argue that the camera malfunctioned or is not accurate. Very rarely will a court bring in the video footage or photos. Furthermore, if they should do so, no human can be questioned other than the officer who saw the footage. If this officer should argue that “he/she saw the footage”, it may be considered hearsay.
Trial By Mail
Depending on the state you are in, you may have the right to a trial by mail, also known as a trial by declaration. Through this, you can submit a letter that explains why you are innocent. The officer must then do the same thing. In this process, a lot of paperwork is needed, and it is common for police officers to be too busy to bother. If this should happen, you will likely win by default. If you lose, you don’t really lose. Rather, you can request an in-person trial, or traffic school, or pay your fine.
Radar Gun Tickets
In general, radar guns must be calibrated every one to two months. As a traffic violation lawyer in Fairfax, VA may explain, a significant number of radar guns are not properly maintained – whether its due to laziness, forgetfulness, or ignorance, we don’t know. Depending on the state, the officer must check the calibration of the gun after they issue a ticket. A good lawyer can determine whether this has been done, and also review calibration records.
Traffic Ticket Errors
It is common for minor errors on a ticket, such as a misspelled name, to be excused. However, if there is a gross mistake, such as misidentifying the highway you were ticketed on, your ticket could be dismissed.
Common Defenses That Generally Do Not Work
The following is a short list of common defenses people often make when fighting traffic tickets that just don’t work:
- You claim that you didn’t know the law.
- You argue that there was no accident or injuries.
- You argue that the officer judged or discriminated against you (unless there is sufficient evidence for this).
- You create and present a pity story.
- You allege the officer is lying. In this case, even if he or she is, the judge will likely believe the officer. If you’re going to use this, make sure you have proof.
Do You Need Help to Defend Your Ticket?
If you have been ticketed and are ready to fight your ticket, call a Fairfax Speeding Ticket Lawyer in Virginia at May Law, LLP immediately for support.
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