Why It’s Worth It to Fight a Traffic Violation
Aug. 17, 2022
Most drivers get a ticket for a traffic violation at some time during their driving years. Exceeding the speed limit, trying to get through the intersection as the light turns red, and rolling at stop signs are common. Because they are, you may think you should pay the fine and forget about it.
If you are asking yourself whether you should fight a traffic violation, the answer is yes. Paying a ticket is an admission of guilt for breaking the law. In addition, traffic convictions have consequences you must consider before not choosing to have your day in court.
At Watkins Law Firm LLC, I have the knowledge, resources, and experience to fight for clients charged with traffic violations in Boulder, Louisville, Longmont, Bloomfield, and Lafayette, Colorado. If you have received a ticket, here are a few things you should reflect on.
How Does the Point System Work in Colorado?
Convictions for moving traffic violations result in having points assigned to your driver’s license. The DMV assigns points for certain offenses, as do auto insurance companies. The more serious the offense, the more points are assigned. Where your driver’s license is concerned, a high score is not a good thing.
The DMV will suspend or revoke your driver’s license if you accumulate too many points over a certain period of time. Moreover, every time a point is added to your driver’s license, your auto insurer will consider you to be a greater risk to insure. It will raise your premiums as a result.
What Are the Possible Penalties for Traffic Convictions?
The DMV will suspend your driver’s license if you are age 21 or older and have 12 points assigned within 12 months. If you are under age 21, it takes even fewer points to trigger a suspension.
If you have a commercial driver’s license, rely on rideshare income, or have a job that requires you to drive, you can understand how devastating a license suspension can be.
In addition to paying perhaps significantly higher auto insurance rates, and Colorado law requires auto owners to carry at least minimum liability insurance coverage, you will also face paying fines and court costs. If you receive tickets for traffic violations frequently, these, along with your points, will add up quickly.
All these issues make fighting a ticket for a traffic violation worth your time and effort. You keep your driving record clean and your license at zero points.
What Are Some Common Defenses for Traffic Violations?
Once you receive a traffic citation in Colorado, you may request “discovery,” which includes any reports and other evidence of the violation. Knowing what will be introduced as evidence in court provides a basis for your defense.
If the law enforcement officer is using a radar gun reading, you can question the reliability of the instrument. There are requirements regarding the maintenance and recalibration of radar guns that you can force the officer to produce.
You can raise issues regarding the citation, such as an incorrect name, date, license plate number, car description, municipal code, or state law under which you are being charged. If the officer made one mistake, it calls their accuracy into question.
If a traffic camera is reportedly what led to the citation, you can request a copy of the footage in discovery. Many times, the agency with the footage will not bother with providing it, so your ticket may be dismissed. Moreover, there is no one you can question in court about the video because there was no law enforcement witness to the violation.
Finally, if you challenge a traffic charge, the law enforcement officer who issued the citation may not even bother to show up for court. If they do not, and you are not allowed to exercise your constitutional right to question your accuser, the charge will be dismissed.
Turn to Reliable Representation
As your criminal defense attorney at Watkins Law Firm LLC, I can appear in court for you, so you do not have to. I have the resources necessary to negotiate with the prosecuting attorney to mitigate a moving violation to a non-moving violation. As your advocate, I can use the legal process to your advantage to garner the best result possible.
If you have received a traffic citation, fight back. Contact my office, Watkins Law Firm LLC, in Boulder, Colorado, for legal help today.