Nobody likes to see the red and blue cherries in their rearview mirror, but if you drive long enough, it’s bound to happen. That said, just because a cop is pulling you over doesn’t mean you’re going to get a ticket. We’ve handled many traffic ticket cases in Minnesota, so we know some industry tricks to avoid a speeding ticket. Here are some tips.
Before The Ticket
These techniques can help you avoid a ticket in the first place. If you’ve already received the ticket, skip down to the Fighting The Ticket section.
Pull Over Safely – If you’re getting pulled over for speeding, you and the cop are likely traveling at a pretty high speed, and changing lanes to get to the side of the road can be dangerous if other cars are around. Once you notice the cop in your rearview mirror, put your blinker on so you acknowledge his presence and alert others of your intentions to move over. Try to pull over quickly and safely, and ensure that you stop in an area where it’s safe for the cop to exit his vehicle. If your don’t stop for a couple of miles or the cop feels uneasy outside his car, you’re starting off on the wrong foot.
Be Polite – Maybe you’re having a bad day or you’re in a hurry, but it’s important to not let those feelings boil over during your interaction with the cop. If there truly is an emergency, calmly explain the situation to the cop, but don’t expect him to tip his cap and let you be on your way. He still has duties to preform, and being curt or entitled isn’t going to make him want to expedite the process. In fact, being rude is a quick way to earn a ticket.
Don’t Admit Anything – This isn’t to say you shouldn’t answer any questions the cop asks you, but you have to be careful about admitting guilt. If the officer says “Did you realize you were speeding,” don’t say, “Yea, but I was only going 5 over.” Instead, say you were “Maintaining a safe speed based on traffic conditions.” Don’t admit to swerving, failing to signal or having a few drinks. If the officer gets upset, simply state that you would like to speak to your attorney. You don’t want to lie when talking to the officer, but you are within your right to refuse to incriminate yourself.
Fighting The Ticket
In the event you receive a traffic ticket, there are still things you can do to fight the citation. We’ll explain your options below.
1. Hire An Attorney – This may seem a little self-serving coming from the mouth of a criminal defense attorney, but if you’re serious about beating the charge, an attorney is your best bet. Your attorney will know the weak points of the prosecution’s case, and he’ll be able to attack it. Even if you’re clearly in the wrong, your attorney may be able to work with the judge to get the ticket reduced.
2. Refute the Officer’s Account – The officer needs to provide a subjective analysis of the infraction, and you can refute that account with your version of events. For example, if the officer reports that you were clearly speeding, but there was heavy traffic at the time or he was facing the opposite direction of traffic, suggest that he may not have been in a good position to accurately view what transpired. Additionally, if witnesses can verify your version of events, their testimony will be valuable in court.
3. Request a Continuance – Typically an officer needs to show up to court if you are challenging a ticket. If they don’t show, the judge may be required to dismiss the ticket. To ensure they are in court, cops often select a specific trial date so they can be there for a lot of pending trials. If you request a continuance, it may be harder for the officer to get to court on that day. A continuance isn’t guaranteed, and you’ll have likely have to ask for it days in advance, but it could just be your key to getting out of a pesky ticket.
If you have any other questions about getting out of a traffic ticket, don’t hesitate to contact us for a free consultation.