After you have been issued a traffic ticket, you have to make some choices. You could simply pay it and move on. You may decide to go to court and represent yourself. If you do, you may want to hire an attorney to fight your case. If you decide to do so, you probably want to know how to fight a traffic ticket in Mississippi.
You and your attorney can use several strategies to fight a traffic ticket. Finding the ideal defense for your case will depend on the situation. Some of the more common strategies include:
Many law enforcement officers issue citations based on personal judgment. For example, if the officer cited you for impeding traffic flow, it could be argued that you were driving too slow because you were about to make a turn. Another example could be if you were cited for swerving into another lane; it could be argued that you were swerving to avoid another car or something on the road.
To do this effectively, you and your lawyer could find supporting evidence and call on witness or expert testimony to cast doubts on the officer’s assessment.
The burden of proof that you violated traffic laws is on the prosecution. Some tickets could be fought by presenting evidence that casts doubt on their evidence. You and your attorney could provide evidence, create a diagram, or call on witness testimony to support your claims.
For example, diagrams and photographs could show that the stop sign you allegedly ran was obstructed by a tree or bush, and you could not see it. If a traffic signal was malfunctioning, you could provide dash cam video footage as proof.
Instead of contesting the citation itself, you or your attorney can shift the focus to show how the violation was necessary or justifiable.
It could be argued that your traffic violation was necessary to prevent you or others around you from suffering harm. An example may be that you ran a red light and were speeding because your passenger was having a medical emergency, or you swerved into another car to avoid hitting a pedestrian who was jaywalking.
In some traffic violations, a driver might present evidence that their actions were justified due to a “mistake of fact.” This may happen when the driver genuinely and reasonably believed they were following the law based on their understanding of the situation, even if they did actually break the law.
For example, you failed to yield at a new yield sign that was put in an intersection you take every day because you did not know it was placed there. Based on this, you and your lawyer could argue that you had insufficient notice that a traffic regulation changed.
In Mississippi, many drivers can complete an approved Defensive Driving Course to get a traffic ticket dismissed, though it is usually for minor violations.
After you complete the course, you will take a test and be awarded a completion certificate. This certificate is given to the court, and you may have your traffic ticket dismissed. This can avoid many of the consequences of traffic tickets, like fines, court fees, increased insurance premiums, and an impact on your driving record.
No matter which option you choose to take after a traffic ticket, you should reach out to our experienced Pass Christian traffic ticket attorney. They can evaluate your case, weigh your options, and provide legal advice so you can make an educated decision for yourself.
A: There are a few ways you could get a ticket dismissed in Mississippi. For minor traffic violations, you could complete an approved defensive driving course. This is the most common and easiest method to get your ticket dismissed. If you do not want to complete a course or are not eligible to, you can request a hearing to argue your case.
A: Whether you need to fight your traffic ticket depends on how severe the offense is and your driving record. Even minor offenses could be handled more effectively with a lawyer. For reckless driving or hit-and-run offenses, a lawyer’s aid is strongly recommended. Traffic laws in Mississippi are complex, and an attorney can be an invaluable asset throughout the process.
A: At a court hearing for a traffic ticket, you will appear in court and either plead guilty or not guilty. With a not-guilty plea, a trial will commence. Both the officer who issued your ticket and your attorney present evidence, the judge will consider all the evidence and arguments, and they will make a decision on whether you are guilty. If you are found guilty, the court will impose a penalty.
A: The consequences of a traffic ticket in Mississippi will depend on how severe the violation was and your driving history. Most people will have to pay fines, face increased insurance premiums, and bear the violation on their driving record. For more serious situations, there may be court fees, and your license may be revoked.
A: If you are found guilty, you may face fines and court fees, increased insurance rates, and having the offense on your driving record. Depending on the severity of the violation, you could face community service, driver’s education courses, and jail time. If you are unsatisfied with the outcome of your case, you and your lawyer may choose to appeal the decision.
If you have decided to fight your traffic ticket, it is highly recommended you contact a traffic ticket attorney. At the Miller Law Offices, we can offer legal counsel, negotiate on your behalf, and provide the legal representation and support you need to effectively fight your traffic ticket.