Top 3 Mistakes To Avoid When Contesting A Traffic Ticket In San Francisco

While many Californians may not realize the benefits of contesting a traffic ticket, doing so can make a significant difference. This article focuses on three common mistakes that can harm your chances of success, including:

• Failing to gather evidence or check the officer’s notes.
• The biggest mistake people make when contesting traffic tickets (hint: it’s not failing to pay the fine).
• An alternative method to reduce the impact of certain traffic ticket convictions.

Mistake #1: Failing To Gather Evidence

In traffic cases, conducting a thorough investigation before trial is crucial. Since traffic case timelines are often shorter than those in other criminal matters, you must act quickly.

To strengthen your case, visit the scene of the citation to take photographs and observe road conditions and signage. Additionally, request or subpoena the following:

• Radar maintenance and calibration records,
• Patrol vehicle speedometer calibration records,
• Copies of engineering and traffic surveys, and
• The reverse side of the citation, which contains the officer’s notes (more on this below).

Failing to gather this evidence significantly diminishes your chances of success. Think of it as throwing away an opportunity to build your defense.

Mistake #2: Not Checking The Officer’s Notes

Traffic officers typically record notes on the reverse side of the citation, which they keep for their records. These notes often include details about the stop, weather and road conditions, and other observations relevant to the citation.

It’s essential to review these notes, ideally before the trial or, at the very least, on the trial date. Understanding the officer’s notes helps you anticipate their testimony and provides avenues for cross-examination during the trial.

Mistake #3: The Biggest Mistake—Not Consulting With An Attorney

The biggest mistake you can make when contesting a traffic citation is failing to consult with an attorney. An attorney can help identify possible defenses or strategies tailored to your specific situation, which may even lead to the dismissal of your citation.

A consultation can also reveal important discovery requests or investigative steps that could improve your chances of success while helping you avoid other common pitfalls.

Attorney Michael Linscheid is a skilled defense lawyer who has helped countless clients just like you across northern California deal with traffic offenses and criminal charges. With two decades of experience winning cases and appealing others, he is deeply familiar with the ins and outs of the California traffic court system.

Have you been charged or convicted of a crime, even a misdemeanor? Contact Michael today to schedule an initial consultation.

Bonus Resource: Traffic Ticket FAQ

Is Not Paying The Fine Before Contesting The Ticket A Mistake?

In most jurisdictions, there’s no requirement to pay the fine before contesting a traffic ticket. However, exceptions include:

• Missing the deadline to contest the citation, in which case the court may require fine payment to avoid default before proceeding.
• Filing a trial by written declaration, which typically requires payment of the citation or fine in advance.

If you’re challenging a citation in a timely manner, there’s usually no obligation to pay the fine before your court appearance.

What Are My Options Besides Contesting To Reduce The Impact Of A Traffic Offense?

Sometimes, contesting a traffic ticket isn’t the only or best option. For instance, attending traffic school can eliminate certain consequences, such as removing a single one-point violation from your record. However, traffic school is only available once every 18 months.

If you have multiple violations, you might adopt a strategic approach—contest the weaker citation while using traffic school for a more challenging or clear-cut violation. These are challenges we’ve encountered and resolved successfully for many clients.

Are Traffic Contests More Difficult To Win For Repeat Offenders?

For repeat offenders, contesting a traffic ticket can be more challenging. For instance, you may no longer qualify for traffic school to reduce fines or penalties.

In cases involving multiple offenses, strategies may differ depending on the jurisdiction. In some areas, contesting a citation may be straightforward, while in others, alternative remedies might be more effective.

Still Have Questions? Ready To Get Started?

For more information on Contesting A Traffic Ticket In San Francisco, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 728-9982 today.