How To Appeal a Traffic Violation

If you have been given a fine for traffic violations when you were in the right, then you can appeal against the fine and conviction. A traffic violation might appear to be a minor issue to fight a case over, but repeated violations can lead to a suspension or revocation of your driving license. This can be a serious issue for most people, especially truck and cab drivers. If you have been awarded a conviction for a traffic violation, you can file an appeal against it.

A Not Guilty Plea

If you strongly feel that you did not violate traffic laws or there were extenuating circumstances why you had to break the rules, then you should enter a not guilty plea in your first court appearance. This will help you to file for an appeal against your conviction.

Grounds for Appeal

In most cases, the only grounds for appeal of a traffic violation conviction are errors in law or procedures. For this your lawyer will need to study your case in full, including court transcripts to check if there have been any procedural violations.

Yet another ground for appeal can be the fact that you plead guilty to the violation without being aware that you could get your license revoked. If this was the case when you first appeared in court, a skilled lawyer can appeal against the conviction.

Time Limit

There is a 30-day time limit within which you must file your appeal against a wrong traffic violation conviction. As preparing an appeal will take time and your license could be revoked in the meantime, approach a good lawyer who deals with traffic violation cases as soon as your conviction order is passed.

Try to get Your Case Cancelled

If this is your first appearance in court for the alleged traffic violation and the police officer who booked you is absent, you can ask the court to dismiss your case. You can also get your case dismissed if the trial date has been unduly delayed.

Question Discrepancies

When the police officer who gave the ticket testifies in court, make a careful note of their testimony and question any discrepancy. There is no need to argue with the witness. However, you can present your case as well with witnesses who will testify about your version of the events. Be prepared for questions about your version and give clear and concise answers. This will help the judge understand your position as well.

Get Legal Help

If you have been wrongly awarded a ticket for traffic violation, get the help of a lawyer as soon as possible to defend you in court. A traffic conviction can lead to suspension or revocation of your driving license; so you need to take steps to avoid a conviction.

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