Can You Fight a Traffic Ticket?

Did you just get hit with a traffic ticket? You might be tempted to just pay a fine to get it over with, but traffic tickets can have a much bigger impact. They can add penalties to your driving license and cause higher insurance rates, which can interfere with your life long-term.

The good news is that there are often alternatives. You may be able to enter into agreements with the court to avoid getting points on your license. You can also fight the ticket in court.

Before you decide what to do, take a breath and seek some advice. Every situation is different, so ask a lawyer to explain your options. With a LegalShield® Personal Plan, you can connect with a provider law firm to help you navigate the process. Let’s take a look at some of the most common options for fighting or mitigating traffic tickets.

Your options for responding to a traffic ticket

We’re going to focus on moving violations, which occur while your vehicle is in motion (as opposed to other non-moving violations, such as an expired registration or illegal parking). A ticket like this can result in penalties beyond fines. In some circumstances, this could even cause your license to be suspended or force you to pay higher insurance rates.

You’re being accused of breaking the law, and you have to respond. But you have some options and may not have to actually appear in court.

Pay the fine and accept the consequences. This is essentially a guilty plea. Consequences could include penalty points on your license, and insurance companies may increase your rates. Repeat violations can have more serious consequences.

Negotiate a lower penalty. You might be able to get a charge dismissed or have the penalties reduced if you fulfill certain conditions set by the court, like taking a driving class. You'll probably still have to pay the fine, but you could avoid license penalties.

Fight the traffic ticket. You can try fighting the ticket by arguing that you’re not guilty, but you'll need to be prepared to prove it. You may have to appear in court, or you may be able to argue your case in writing instead.

No matter how you respond to your ticket, your decisions and conduct matter from the moment you get pulled over.

What paying a traffic ticket fine actually means

Paying your ticket is the quickest option, but it may not be the smartest. In most cases, paying a traffic ticket is effectively pleading guilty. That means you accept any consequences that follow, like points on your license.

Depending on the severity of the moving violation and if you already have penalties on your record, this could mean your driving license gets suspended. Reinstating your license likely means more fees and additional requirements imposed by the court.

Before you pay, explore your options and speak to a lawyer. You may be able to defend against a ticket and reduce or remove some of the penalties.

Fighting a ticket without going to court

It’s possible to fight a ticket without going all the way to trial, but you’ll still need to make statements to the court in writing or in person, and may need to go through the preliminary steps of a trial.

You can sometimes contest tickets by mail

Depending on the ticket, some states allow you to dispute a traffic ticket in writing instead of showing up in court. This is sometimes called a "trial by written declaration" or a "trial by declaration."

You’ll submit your statements and documentation, and the court will also request a statement from the officer who issued the ticket. While this avoids a physical court appearance, it also means you won’t have an opportunity to speak directly to the judge.

You can often mitigate tickets to reduce penalties

Mitigating a traffic ticket isn’t really fighting it; it means entering an agreement with the court or the prosecution to reduce the ticket’s severity. This usually involves pleading guilty and accepting reduced consequences.

What’s available and what the court will agree to depends on the court and the circumstances, but there are a few different options you can consider.

Negotiating with the prosecutor. You may be able to negotiate a lower charge with a reduced fine or license penalty. Then you would plead guilty and pay the fine.

Taking a defensive driving course to remove penalty points. Some states allow you to remove penalty points from your driving license after you complete a driving course. In this case, you still pay the fine and have a conviction on your record.

Entering a deferred disposition agreement. You accept the judgment against you, pay the fine, and enter into an agreement with the court that you won’t commit any other infractions for a period of time. If you fulfill the requirements, then the judge may dismiss the charge. The agreement usually has conditions, such as community service or driving school. Your eligibility is often up to the judge’s discretion, and can vary depending on the type of infraction, whether you’ve received a similar agreement in the past, and other factors.

How to fight a traffic ticket in court

You can present your argument to the court that you are not guilty of the violation. This involves entering a not guilty plea and arguing your case.

In a trial, the prosecutor has to convince the judge that you did what you’re accused of. If you can successfully defend yourself, then you can avoid both the fine and other penalties. If you lose in court, you’ll face the original consequences of the ticket.

You might have heard stories about people winning their trial because the officer who ticketed them didn’t respond to the court or appear on the trial date. While this can happen, it’s best not to count on it.

If you’re going to try to fight a ticket, you should speak with a lawyer. A lawyer can help you by explaining what evidence you should bring and what you should ask to see from the officer who ticketed you. You can also have the lawyer you during negotiations and in court.

Why it’s important to have a lawyer represent you

Even for minor violations, speaking with a lawyer is a good way to understand how to fight traffic tickets. As Wayne Hassay, Managing Partner at LegalShield® Provider Law Firm Maguire Schneider Hassay, explains, you should talk to a lawyer even if you don’t end up taking your ticket to court. A lawyer is the best person to help you make that decision.

A lawyer will handle communicating with the court and can also appear in court in your place. They know how to identify procedural issues with the ticket and make your case. A lawyer experienced in negotiating tickets can help you reduce the consequences or secure a dismissal.

After a waiting period, LegalShield Members on the Basic Legal Plan can get assistance with one traffic ticket per membership year, and a provider lawyer can attend traffic court for a $79 fee. Advanced Plan members can get support with two tickets per year, and Premium Plan Members get three.

What to think about before deciding what to do about the ticket

Before you decide on a plan, it helps to ask yourself a few questions:

• What could it cost you long-term? If the ticket includes penalty points, the consequences could be much greater than a fine, including insurance rate hikes or license suspension. The expense of fighting a ticket might be preferable to ongoing difficulties with your license.
• What’s the impact on your time, work, and family? Weigh the time commitments of court, traffic school, or other penalties like community service. Having a lawyer help you in court could be better than the time required for those other outcomes.
• Do you have a history of previous infractions? The number of prior charges and how recent they are can affect your options.
• What’s the likelihood of winning your case? Getting your ticket dismissed is the best-case scenario, but it isn’t always possible. You should talk to a lawyer about the consequences of going to court and losing vs negotiating the ticket.

A LegalShield Provider Law Firm can help you fight a traffic ticket

A traffic ticket can be extremely disruptive to your life. As a LegalShield Member, you can connect with your provider law firm to better understand your rights and options based on your situation and state laws.

Depending on your plan and the type of violation, a provider lawyer can review your ticket, explain possible outcomes, communicate with the court, negotiate on your behalf, or help you decide whether contesting the ticket makes sense.

When you’re a LegalShield Member, you have a provider law firm in your corner you can call after a traffic ticket or accident.