By Carl Simons

Fighting Traffic Tickets and Parking Tickets

Nothing is more annoying than receiving a parking ticket or a traffic ticket. Granted, some of these tickets do serve a purpose in enabling a society so dependent on driving cars to function more smoothly; but it doesn't hurt to know your rights and what you can do should you receive one or the other.

If you receive a parking ticket and want to fight it, immediately contact the city where you received the ticket, and find out the procedure to dispute the ticket. Do not rip up the ticket, throw it away, or put it in your glove box and ignore it -- either pay it on time or follow the procedures to dispute it. Many cities have very short periods to notify that you are contesting the ticket and request a hearing, so be aware. If you do not pay the ticket on time, the fine will go up and if you continually ignore the ticket, you will not be allowed to register your vehicle until the fine is paid.

If you contest the ticket, be sure you bring witness statements, pictures, and other documentary evidence with you to your hearing. Do not expect the city to take your word over their employee who issued it. If you are willing to take the time to do this and have evidence to back you up, there are good chances that you will not have to pay the fine.

Traffic tickets are a bit different, however. When you receive a traffic ticket you are asked to sign the ticket on the bottom. This is a promise to appear, and if you do not handle the ticket by the court date -- either by appearing or paying the fine issued -- a Failure to Appear will appear on your DMV record, your fine will be increased, and unless this fine is paid, your license may be suspended.

At the bottom of the ticket is a date. You may go to the court on or before this date and request a "hearing," and the court will set a subsequent date to come back -- this is also known as a traffic trial. On this date not only must you appear, but the officer that issued the ticket must also appear. If the officer fails to appear on this date, the case against you is dismissed and the ticket is thrown out.

If the officer does appear you can tell your side of the story to the judge and hope for the best. At this hearing do not disrespect the judge or the officer. The judge will give both you and the officer time to tell your sides of the story. Again, solid evidence is key. Take photos and bring witnesses -- do not expect the judge to rule in your favor unless you can cast doubt on the officer's ability to either tell the truth or remember the specific incident.

The officer may have the ticket in front of him with a few notes scrawled on the back. In order to "impeach" (discredit) the officer, ask the judge if you may ask the officer some questions regarding the incident. A suggestion for questioning may be to cast doubt on his memory of the incident. Remember that the officer has built-in clues in his copy of the ticket, such as color, make, and model of the vehicle, but he doesn't have other information.

If you pay the traffic ticket or you lose your traffic trial, unless you request and complete traffic school within the time given, you will receive one or two points (depending on the violation) against you on your DMV record. You are allowed up to three points in one year without the DMV taking action against your driver's license. Technically you are only allowed to take traffic school once every 18 months, unless a judge sees it fit for you to do so.

These suggestions are in no way meant as a substitution for good solid legal advice from a professional, as each individual case may vary. If you have questions regarding this or any other legal matter, feel free to contact the Law Office Of Carl Simons at (310) 749-4LAW.