If you want to fight your Tampa Florida traffic ticket, you better put up the best legal defense possible. Often, you’ll only have one chance in a Tampa traffic court to convince the judge to dismiss your charges. Your argument should be strong and supported by the right evidence. Whether it is DUI, speeding, or parking tickets, this ultimate guide will teach you reliable strategies for fighting traffic tickets.
Consider Consulting an Attorney
In situations where a traffic ticket will significantly increase your auto insurance or suspension of your license, you should consider getting a traffic law attorney. Florida Ticket Firm’s attorneys possess in-depth knowledge of traffic laws and procedures. They can help you analyze your citation, identify potential weaknesses in the prosecution’s case and build a strong defense strategy tailored to your situation.
Challenge the Police Officer’s Subjective Opinion
In Tampa, Florida, you can fight your traffic ticket based on the officer’s personal interpretation of the situation. For instance,
- Following too closely: The Florida Statutes Section 316.183 (11) states that drivers must maintain a “safe” following distance, based on “the speed and the traffic conditions.” If you believe you maintained reasonable distance given the circumstances, you can challenge the officer’s judgment.
- Improper lane change: Similar to following too closely, Florida Statutes Section 316.283 (2) requires lane changes to be done with “due care and caution.” If you safely change lanes and observe all the requirements under this section, you can contest the officer’s conclusion.
Challenge the Officer’s Evidence
Contrary to challenging the officer’s subjective opinion, the burden of proof lies heavily on you when challenging the evidence. The reason is that you’re essentially arguing that the officer made a mistake in recording the violation. You’ll have stronger evidence in this case. Some of the best arguments and evidence to support your case will be:
- Eyewitness statements: These can be statements from passengers in your car, other drivers, or pedestrians who can corroborate your version.
- Diagrams: You can create diagrams illustrating your car’s position relative to the officer at the time of citation. For Instance, you can create a diagram demonstrating the officer’s position, unable to see you run a red light due to distance or obstruction.
- Photographs: Take clear pictures at the scene of the violation, especially if they support your claim, like a blocked stop sign or a malfunctioning traffic signal.
Prove that the Traffic Violation Was a “Mistake of Fact
In Tampa, Florida, you can fight your traffic ticket by arguing a “mistake of fact” defense. However, this only applies to specific situations where you can demonstrate an honest and reasonable error in judgment but not in law.
Note that claiming ignorance of the law itself won’t work, but you can argue that you were mistaken about the facts surrounding the situation due to factors beyond your control. Examples of ‘mistake of fact” in Tampa include:
- Obscured signage, hence ineligible due to fading, graffiti, or temporary construction
- Faulty traffic signals causing confusion
- Unforeseen road conditions like sudden downpour or unexpected debris
Argue That Circumstances Justified Your Driving
In this approach, you’ll have to admit the violation but present evidence that your action was necessary due to extenuating circumstances. This is a powerful strategy because you don’t challenge the officer’s statement or evidence, but instead, justify your actions. Here’s how it works:
- Acknowledge the violation: Briefly state the violation you received and avoid denying any of your actions.
- Present your justification: Clearly explain the immediate threat of emergency that necessitated the traffic violation.
- Provide evidence: Gather and present any supporting evidence to solidify your claim. It can be witness testimonies, medical records, or police reports.
- Avoid unnecessary details as this can lead to giving irrelevant information.
- Be sincere and respectful while presenting your case
Endnote
Getting a traffic ticket can be an unexpected and frustrating experience. However, by understanding your options, adhering to the relevant evidence, and considering the tips outlined in this guide,you can increase your chances of a successful outcome. Remember to seek guidance from experienced traffic ticket attorneys in Tampa especially if the circumstances surrounding your ticket are complex.
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