The McHenry County Criminal Defense Lawyer

(847) 854-7700        

The McHenry County Criminal Defense Laywer

(847) 854-7700        

How To Fight Your Traffic Ticket

Jan 16, 2021 | Chicago Criminal Law, Criminal Defense, Criminal Defense Attorney

Getting a traffic ticket means you’re being accused of violating traffic laws. However, you cannot be penalized by law until you have been convicted or found guilty at trial. If you’re thinking of fighting your traffic ticket, here are some strategies to help you get started.

  1. Show Up In Court

You might be wondering, is this a strategy? Well, kind of, especially judging by how lucky you might get if the judge likes your face. There isn’t some formula to fight your traffic ticket, but showing up in court might play in your favor; there have been numerous drivers who fought their traffic ticket by doing nothing.

  • Dispute The Officer’s Conclusion

In most traffic violations, it always boils down to whether the officer’s judgment was reasonable. For instance, some states have fundamental speed laws. It prohibits the motorist from going beyond the limit that is considered appropriate and prudent.

When an officer issues a traffic ticket for this kind of traffic violation, it is only the officer’s subjective judgment that your action was unreasonable. It means that you can challenge the officer’s judgment. One way to do this is to cast doubts in the officer’s conclusion. By finding factors that support you were driving safely, you might beat your traffic ticket.

  • Challenge The Officer’s Observation

There are many traffic violations every day, and this type of violation lies only on the officer’s observation. Going toe to toe to challenge the officer might not work out. It is best to focus on whether the officer was in a position or, perhaps, able to observe the alleged violation accurately.

For instance, you might argue that the officer was far away to have a good view, or perhaps was blocked by another car or a hill. Using diagrams and photographs will be immensely helpful.

  • Prove Your Violation Was A Mistake Of Fact

Believe it or not, some judges do give some leeway depending on the circumstances of your offense. If you can show or prove to the judge that you made an honest and yet, reasonable error, the judge might dismiss your ticket on the ground of ‘mistake of fact.’

Every situation is different, and some judges might accept the mistake of fact defense. If a tree branch partially blocked the stop sign, that is an excellent defense out of a traffic ticket.

  • Prove Your Violation Was Necessary To evade Serious Harm

This doesn’t happen often, but there are instances where a driver might violate traffic law in a bid to prevent more severe damage. If this was the case, beating a traffic ticket becomes easy. The point is to convince the judge that your violation was to avert greater harm, either to yourself or others.


Fighting a traffic ticket doesn’t have to sound like a boxing match, as many drivers have gotten their traffic ticket dismissed by doing nothing. Come up with ways to challenge the officer’s conclusion, and prove to the judge that it was an honest mistake, even though it was unreasonable.

At Franks & Rechenberg, P.C, we take our cases very seriously. To learn more about how we can represent you in your case, contact us today.

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Contact Franks & Rechenberg, P.C. today

(847) 854-7700