Can I Reduce a Moving Violation Ticket?
- Most first-time traffic offenses can be easily eliminated. Most states offer a first time offender or a person who has not had another traffic offense within the time specified by state law, with the option of attending traffic school. Depending on the state, the person may have to pay the fine and pay for traffic school or may only have to pay for traffic school. If the person selects traffic school, the violation will not appear on his driving record.
- The payment of the assessed fine issued for the moving violation is an admission of guilt. To dispute the violation, it is necessary to appear on the date scheduled for trial or ask for an extension. In some states, a person can contest the ticket through the mail, which is often called a trial by declaration. With this option, the person must compose a written argument that presents the facts and his side of the case. Because this method requires the ticketing officer to compose a written statement, if the officer fails to do so, it will result in the court dropping the case. If it is necessary to attend the trial in the courtroom, the officer must be present otherwise the court will drop the case.
- A person cited for a moving violation has a right to review the evidence against him. This evidence is available upon the filing of a discovery motion or a public records request with the appropriate court. The evidence will contain a copy of the officer's notes and the radar gun records. If evidence is missing or incorrect, it is possible to seek a dismissal by presenting the information to the prosecutor.
- It is also possible to negotiate with the prosecutor prior to trial. By presenting a strong argument, the prosecutor may agree to dismiss the charge or reduce the moving violation to a lesser offense, such as a non-moving violation. For example, if the officer charged the person with multiple offenses, such as speeding and reckless driving, the prosecutor may agree to dismiss one of the charges.