HOW TO WIN A TRAFFIC TICKET

If you look on the internet you will find many mystical ways to win a traffic ticket case, don't believe the hipe!  Most of these people that are selling you this stuff are non-attorneys which should be your first clue that you may just be paying for something that you can do yourself!

There is really only one way to win your case, set the case for trial and fight!  Know your case and more importantly understand that a traffic ticket in California is considered a criminal case.  That's right, a criminal case!  Don't worry this works to your benefit.  This means that you have the same rights that someone accused of murder would have (except no right to trial by jury or appointed attorney).  This is the key to winning your case.  You must understand that you have constitutional rights that place a series of obligations on law enforcement and prosecutions of your case.  You have a right to a fair trial, a right to inspect evidence well before trial and to confront your accusers.  Below is an outline on how to approach a traffic ticket:

  1. Ask for a Trial By Declaration (TBD)
  2. Do not include a statement
  3. Request a Trial De Novo (new trial) if you lose the TBD
  4. Ask for discovery of anything they will use against you and anything that you think may lead to your innocence
  5. If they fail to show ask for a dismissal
  6. If they fail to provide ask for a dismissal or an order of exclusion of the evidence not provided
  7. If they fail to do either ask for a settlement to a non-point violation
  8. Ask for a settlement to non-point violation always
  9. Read Vehicle Code section 40800 et sec.
  10. Know what an 1118 motion is
  11. know the elements of the offense
  12. never settle a case for a lower fine, it serves no purpose
I recommend that you do this on your own only if you cannot afford an attorney.  The reason is that while anyone can tell you how to do something, unless you have done it before you will most likely make mistakes. These mistakes can make the difference between winning and loosing.  Look for an Attorney who specializes in traffic ticket defense and talk to them about your options.  Many will give you a free consultation of your case.  Find someone who knows traffic law, not just a criminal or dui lawyer.  By fighting your case you can and will likely win your case!