Traffic Ticket Defenses
Traffic Ticket Help – Traffic Ticket Defense
The Difference Between Wanting A Dismissal And Getting One
Many people think that hiring an attorney for traffic tickets means that the case automatically gets dismissed with magical fairy dust the attorney sprinkles on your ticket as soon as he walks in the courtroom. All a ticket lawyer has to do is waive their magic wand and your traffic tickets disappear into thin air. Well if it were only that easy to get traffic tickets dismissed! The truth is that there is no magical fairy dust.
Actually it takes a lot of hard work to get a dismissal on a traffic ticket. Prosecutors don’t want to give dismissals because…. Well, they are prosecutors! Judges many times will not want to dismiss traffic tickets because they are being micro-managed by City Managers who oversee the dockets like they are cash registers for the City and don’t understand that laws are in place to protect your constitutional rights when being accused of criminal offense. Finally, some attorneys, believe it or not, don’t like to argue zealously for you because they don’t want to rock the boat or make a judge “angry” at them. Or they claim that they “haven’t been paid enough” to argue on your behalf.
Writs Of Mandamus – When A Judge Doesn’t Want To Follow The Law
We can say with pride that we are not that type of law firm. We work very hard at fighting traffic tickets and beating traffic tickets. If it takes upsetting a prosecutor or a judge to insure that your constitutional rights are protected and your case is dismissed we will do that. Since 2004 our office has filed 3 separate Writs of Mandamus against courts to protect our clients from constitutional violations for traffic tickets. Those writs were filed for the following reasons:
1. Richardson Municipal – Writ of Mandamus filed after court issued warrants for a client attempting to make a California resident appear in person to handle traffic citation that went past the appearance date.
2. Southlake Municipal – Writ of Mandamus filed after court would not dismiss a traffic ticket for a client who had not been given a sworn copy of the complaint specifically alleging the charges against him within the time required by law.
3. Plano Municipal – Writ of Mandamus filed after court would not dismiss a traffic ticket for a client who had not been given a sworn copy of the complaint specifically alleging the charges against him within the time required by law.
Reasons for Dismissing a Traffic Ticket – Lawyers Traffic Tickets
Because magical fairy dust doesn’t normally work to get traffic tickets dismissed, you have to have a reason for the dismissal. Reasons for traffic ticket dismissals are broken down into two categories: (1) Factual reasons for traffic ticket dismissal; and (2) Legal reasons for traffic ticket dismissal. Both are discussed briefly below:
Factual Reasons for Beating Traffic Tickets – Traffic Ticket Attorneys
Factual reasons for the dismissal of a traffic ticket are what we hear everyday from potential clients that call our office to discuss their case. Some of the reason we hear are:
1. The cop got the wrong car! My car was red, but he actually clocked the blue car;
2. I didn’t run that stop light! The light was yellow when I went through; and
3. There was no way I was speeding. I was going with the flow of traffic.
These and many more explanations are factual in nature and are reasons why a case should and can be dismissed. However, a prosecutor does not care about these reasons. Again, a prosecutor does not care about your factual reasons because they are not the fact finders in your case. The facts of a traffic ticket case are to be decided by a judge or jury. If you are expecting your traffic ticket to be dismissed based on a factual reason alone without having to go to trial you are probably mistaken in that belief. And if you plan on going to trial, you will most definitely need an attorney to help make sure that any evidence establishing your innocence is properly submitted and not excluded.
Legal Reasons for Beating Traffic Tickets – Attorneys Traffic Tickets
Legal reasons are the heart and soul of traffic ticket dismissals. Legal reasons are based on issues relating to the ability of the State to establish its case beyond a reasonable doubt insuring that all procedures have been followed and no jurisdictional issues are present. Some of the legal reasons for dismissals are:
1. The traffic ticket was issued outside of the jurisdiction of the court
2. The traffic ticket was not supported by a complaint; or
3. The complaint was not provided in a timely manner to protect a client’s constitutional rights to notice;
4. The complaint does not allege an offense; and
5. The case was filed after the statute of limitations had passed.
The list above shows just a few of the legal reasons used to fight a traffic ticket. These reasons may not make sense to the average person, but to an experienced traffic ticket attorney, it is the key to representing a client aggressively. Of course you can never guarantee an outcome, but The Beltz law Firm can guarantee the effort put into each traffic ticket case. We will work hard to obtain the best possible result for your individual traffic ticket every time! Call us now if you need traffic ticket help.