Wednesday, July 20, 2016

How To Effectively Fight Traffic Ticket Issues

By Rebecca West


Most people cannot begin to imagine life without a car and the vast majority of people spend many hours behind a steering wheel. Sadly, many people do not always adhere to the rules of the road and, in numerous cases, subject to a fine. Nobody likes to receive fines but a lot of people will be philosophical about the matter and pay. Many others, however, even in small places like San Bernardino CA will fight traffic ticket vigorously.

Many offenders will go to great lengths to have fines cancelled or at least changed to a lesser fine. This is especially true for repeat offenders that are concerned about accumulating more negative points. They are worried that they will be reaching a stage where they will be denied a driving license and will therefore do whatever they can to deal with fines.

Firstly, it is important to read the fine from top to bottom. It is important to understand exactly what the offence was that led to the fine. The fine will also indicate how long the respondent had to act upon the matter. It is vital to respond within this time limit, otherwise all chances of defending the matter will be lost. Once the court is informed that the matter will be defended, a court date will be issued.

Another important matter is to record as much information as possible whilst still on the site where the fine was issued. Notes should be made regarding the weather and road conditions, the location, the name of the officer concerned and any other fact that may be deemed relevant. Where possible, these notes should be backed up by photographs. They could prove to be very helpful during the hearing.

It is often possible to approach the prosecutor prior to the actual hearing with the aim of settling the matter out of court. Prosecutors are often willing to do this since they carry extremely heavy case loads. In many instances the fine amount can be changed, negative points can be nullified and in some cases the entire case can be thrown out. Prosecutors are especially lenient to first or infrequent offenders.

If the matter proceeds toward a formal hearing, it is important to prepare. The courts are extremely busy and they do not like wasting time. Defendants should therefore have their arguments ready and if these are to be supported by documents or photographs, they too should be ready for presentation.

One of the biggest factors in favour of defendants is that it is the duty of the prosecutor to provide proof of guilt. If there is no video evidence or evidence from eye witnesses, the prosecutor has only the word of the officer that issued the fine. Leading evidence in these minor cases is often deemed to be an utter waste of time and resources and the courts will often dismiss such cases out of hand.

No driver should ever think that he is above the law and that he can most probably deal with fines. Every year thousands of people die on the roads. The laws are in place to protect all users of the road and it is the duty of every user to uphold the law and to respect other users of the road. There is no place for arrogance and impatience when behind the steering wheel of a potentially lethal machine.




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