How can I fight a traffic ticket?

UPDATED: Aug 11, 2012

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How can I fight a traffic ticket?

I was stopped by the police for saying I speed to 81 mph on freeway. I was going down hill from a high hill which I acelerate very hard to keep 65 miles going uphill steep hill, then reach down hill the car catch speed and I was breaking. Everyone around me was driving similar speed and we all slowed down and I didn’t see the police. When I realized there was a police car behind me, I was driving 65 miles per hour. I want to fight the ticket.

Asked on August 11, 2012 under Accident Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The way that you fight the traffic ticket that you have written about is to appear at the traffic court and actually have your day in court. The citing officer should appear and give testimony since the prosecution has the burden beyond a reasonable doubt of proving the claim against you. You have the opportunity to cross examine and present your case.

If the citing officer does not appear in court, the case against you should be dismissed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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