Getting a traffic ticket can be costly and frustrating in Virginia and Maryland. Violating the traffic laws is a serious offense and can get you a large fine and penalties. But there are options to get the traffic ticket dismissed by applying various common defenses. The Law Offices Of SRIS.P.C. is a premium law firm located in Virginia, that has a team of well-versed Traffic Attorneys who can fight a traffic ticket and handle several consequences related to traffic offense cases.
In this blog, we will discuss how to get a traffic ticket dismissed in these two states.
1. Radar and Laser Calibration
One of the most popular ways to fight against a traffic ticket is to contest the precision of the laser or radar device that was used to identify your speed. The devices should be frequently calibrated to check their accuracy, if they are not, the output of the readings is disregarded in the court.
According to the state law of Virginia, the equipment should be calibrated and tested every year to ensure accuracy. You might be able to get your ticket canceled if you were ticketed for speeding with a device that wasn’t correctly calibrated.
In Maryland also the device must be tested and calibrated properly, but the criteria for the equipment varies based on the agency using them. However, if you can demonstrate that the instrument was improperly calibrated, you might be able to utilize this as a legal defense.
2. Officer’s Reputation
Another strategy for fighting a traffic ticket is to call into doubt the authority of the officer who issued it. Because they are only human, officers are susceptible to errors and biases that cloud their judgments. Your ticket can be dismissed if you can prove that the officer lacked credibility.
Officers are required to follow specific protocols in Virginia and Maryland when writing tickets. For instance, they must have a good justification for pulling over your car and they must explain your rights to you before issuing a ticket. You might be able to utilize this as a defense in court if the officer didn’t follow these rules.
3. Lack of Evidence
The prosecution must offer proof that you have committed the crime to convict you of a traffic offense. The case might get dismissed, if there is insufficient evidence. In both Virginia and Maryland, the prosecution must establish beyond a reasonable doubt that you broke the traffic law. You might be able to get your ticket dismissed if there is any question as to whether you committed the crime. Consult a Traffic Lawyer in Virginia for the legal support and guidance for your traffic ticket case.
4. Incorrect information on the ticket
If the police officer made a mistake in the issued ticket, such as writing down an incorrect time or date, you can use this as a defense in court. The fault must be serious enough to raise questions about the ticket’s accuracy.
In Maryland and Virginia, the officers should provide certain data on the traffic ticket like the location, model of your vehicle, type of violation, and the date and time. If any of the information is wrongly mentioned, it may give the chance of getting a ticket dropped.
5. No charge notice
In both states, you have the right to know what charges have been brought against you. If you were not timely notified or didn’t receive notice of the charge, you can use this as a defense in court.
Virginia law mandates that you receive notification of the charges against you within 72 hours after your arrest. And Maryland law requires that you know about the charges within 30 days of the accusation. You might be able to get your ticket dismissed if you feel that you weren’t properly informed.
6. Medical Emergency
You can use a medical emergency as a defensive tool to fight a traffic ticket in court. For example, if you were physically ill and rushed to the hospital in an emergency condition, and caught by the officer for speeding, you may be able to get your ticket canceled while being charged in that situation. Also, you should submit the doctor’s note, documentation, or hospital record as proof of speeding to address the emergency driving.
7. Violation of your rights
In both the Virginia and Maryland states, you can use the violation of rights as a defense mechanism. If you feel your rights were breached during the traffic stop, for example, if you were subjected to an unauthorized search, you can appeal to have the traffic ticket dismissed.
8. First-Time Offender
If you have never got a traffic ticket before and your driving record is clean, you can use this as a defense in court. With first-time offenders, the judges could be more gentle and may be willing to cancel the ticket or lower the fine. In Maryland and Virginia, the judges have the right to reduce or dismiss the traffic ticket fines for individuals with spotless driving records. However, the decision depends on the judge and the specifics of your case.
Hire an experienced Traffic Lawyer from The Law Offices Of SRIS.P.C. to understand the basic defenses of traffic tickets in Virginia and Maryland.
It can be annoying to get a traffic ticket, but it’s not the end of the world. There are several typical defenses you can utilize in Virginia and Maryland to get a traffic ticket dismissed. These include denying the radar and laser device accuracy, improper procedure, challenging the police officer’s credibility who issued the traffic ticket, and demonstrating mistakes on the ticket or a lack of evidence to prove the fault.
Additionally, also use a medical emergency or argue that you are a first-time violator status as a defense. It is crucial to keep in mind that the effectiveness of these defenses will depend on the particulars of your case and the judge’s judgment. So if you have decided to fight your ticket, it may be beneficial to employ a skilled Traffic Ticket Attorney to help you assist you through your case.