How to Fight an Obstructing Traffic Ticket
- 1). Behave appropriately if you are just receiving the ticket from the officer. Do not talk back, and put both hands on the steering wheel in clear view if you are in your vehicle talking to the officer. Answer any questions from the officer but do not sign or agree to anything accepting guilt for a crime. Do not make any remarks or comments within earshot of the officer or witness, regardless of how emotional you are at the time.
- 2). Read the ticket details when you calm down afterward. Decide if you want to accept the ticket and just pay the fine or if you need to talk to an attorney (always consult with an attorney at least once if charged with a criminal penalty).
- 3). Determine if you need to hire a lawyer for legal defense by weighing whether you can defend yourself or if you should have legal expertise. Understand thoroughly the penalties involved with the charge (it can range from a fine to jail time, depending on the jurisdiction).
- 4). Let your attorney pursue the collection of evidence to help defend your case. Make a list of all known witnesses and parties involved if defending yourself. Obtain a copy of the police report and any other documentation involved in the incident.
- 5). Examine the material to look for inconsistencies in how the police officer applied the law to you and the related charges. Let your attorney depose witnesses and the officer if necessary to get the same information if hired to do so. Consider the benefits of a plea bargain if offered one by the prosecution that just involves a payment. Pay the fine in a bargain if the alternative means a risk of jail time.
- 6). Appear in court for all related hearings and attend timely so as not to be late. Prepare your filings to make your argument and reference your documentation to support your position. Present your case when asked to do so by the judge or allow your attorney to guide you through the hearing process. Do not be offensive or accusatory of the prosecution or officer while doing so.