Contesting a Reckless Driving Ticket: A Guide

One night around 2:45 am after work, you were traveling down the highway when you were pulled over by a police officer. He claimed that you were driving erratically. You may have swerved at some point, but you can't remember for sure. As a result, you received a reckless driving ticket. Here is what you need to know about contesting this ticket:

Can I Fight This Ticket?

You always have the option to contest a ticket. Whether or not you will win depends heavily on the strength of the state's case and the evidence you can present to the court. If you didn't do what the officer said you did, and you can prove it, you will likely win. However, if you did do it or can't prove you didn't, and you're hoping that just showing up and saying something will make them toss the case, you are probably wasting your time.

Should You Consider Going to Trial?

Always have the option to go to trial and force the state to prove its case against you. How successful you will be depends heavily on the strength of the state's case and the evidence you are able to present to the court. However, if you lose, the costs and penalties will be much greater than just paying the fine and admitting you were at best being a bit stupid.

How to Contest the Ticket

Your ticket will usually ask if you want to appeal the ticket. If you don't agree with the officer's decision, you can use the court process of appeal to contest the ticket. You should gather witnesses and plan your defense. If it wasn't due to intoxication or speeding, you can try to defend yourself by telling the judge that you thought you saw a cat crossing the road, which is a typical case for a reckless driving ticket. That might just be a dumb ticket!

Appealing the Ticket in Court

When contesting the ticket in court, you can either show up at court and try to prove that you were not swerving, or you could show the court that the officer has issued the same ticket around the same time. However, often, the officer's word against yours will carry more weight. If you're not swerving for a valid reason, contesting the ticket in court may not be the best option. In the long run, it's their word against yours.

If you're not swerving for a valid reason, you can try contesting the ticket by showing up at court and arguing that the officer was not present or willing to take responsibility for the ticket. Often, if you do go to court, the magistrate will lower the fines or the potential points on your license. In particular, if the officer acts respectfully during the process, the fines and points can be significantly reduced.

Remember, the key to contesting a ticket is to present a strong and convincing defense. It's important to gather all evidence and present it to the court. If possible, seek legal advice before going to court.