How Do Lawyers Get Traffic Tickets Dismissed in New Orleans?

Getting a traffic ticket can be frustrating. Whether it’s for speeding, running a red light, or another traffic violation, a ticket can lead to fines and increased insurance rates. But did you know that in many cases, a skilled traffic lawyer can help get your ticket dismissed?

At the Law Office of Heather C. Ford, we’ve helped numerous clients in New Orleans navigate the complexities of traffic law. Let’s dive into how lawyers work to dismiss traffic tickets.

How to Contest a Traffic Ticket in New Orleans

Before we explore the strategies lawyers use, it’s important to understand the basic process of contesting a traffic ticket:

• Receive the ticket
• Decide to contest the ticket
• Notify the court of your intention to contest
• Prepare your case
• Attend the court hearing
• Receive the judge’s decision

Now, let’s look at how lawyers approach each step to maximize the chances of dismissal.

Strategies Lawyers Use to Dismiss Traffic Tickets

1. Thorough Review of the Ticket and Circumstances

The first thing a traffic lawyer will do is carefully review your ticket and the circumstances surrounding it. They’re looking for any errors or inconsistencies that could lead to dismissal. This might include:

• Incorrect information on the ticket (wrong date, location, or vehicle details)
• Unclear or illegible writing
• Improper filing of the ticket by the officer

Even small errors can sometimes be grounds for dismissal, as they call into question the accuracy of the entire ticket.

2. Challenging the Officer’s Subjective Conclusion

In many traffic violations, the officer’s observation and judgment play a crucial role. A skilled lawyer may challenge the officer’s subjective conclusion. For instance, in a speeding case, they might argue that:

• Traffic conditions made it difficult for the officer to accurately identify your vehicle
• Weather conditions affected visibility
• The officer’s vantage point didn’t allow for a clear view

By casting doubt on the officer’s judgment, a lawyer can sometimes get the ticket dismissed.

3. Questioning the Accuracy of Speed Detection Devices

If your ticket involves a speed detection device like radar or lidar, a lawyer might challenge its accuracy. This could involve:

• Requesting calibration records for the device
• Questioning whether the officer was properly trained to use the device
• Arguing that other factors (like nearby large vehicles) could have interfered with the reading

If the lawyer can show that the device’s accuracy is in question, it may lead to dismissal.

4. Utilizing the “Mistake of Fact” Defense

Sometimes, a ticket can be dismissed if the driver had a reasonable belief they were not breaking the law. For example:

• A obscured or missing speed limit sign
• A malfunctioning traffic light
• An emergency situation that required breaking a traffic law

A lawyer can argue that under these circumstances, you were operating under a reasonable misunderstanding, which could lead to dismissal.

5. Negotiating with the Prosecutor

Often, dismissal comes not from arguing in front of a judge, but from negotiating with the prosecutor before the court date. A lawyer might:

• Argue that the evidence is weak
• Point out your otherwise clean driving record
• Suggest alternative resolutions (like traffic school)

Prosecutors often have discretion to dismiss tickets, especially for first-time offenders or in cases where the evidence is not strong.

6. Leveraging Legal Technicalities

Traffic lawyers are well-versed in the specific laws and procedures surrounding traffic violations. They might seek dismissal based on technicalities such as:

• The officer not appearing in court
• Improper notice of the court date
• Violation of your right to a speedy trial

While these may seem like loopholes, they’re actually important legal rights that protect citizens from unfair prosecution.

7. Presenting Mitigating Circumstances

In some cases, a lawyer might not seek outright dismissal, but rather present mitigating circumstances to reduce the charge or penalty. This could include:

• Evidence of a medical emergency
• Proof that you’ve taken steps to remedy the issue (like fixing a broken taillight)
• Documentation of financial hardship that would make paying the fine difficult

While this strategy might not result in complete dismissal, it can often lead to significantly reduced consequences.

8. Utilizing Diversion Programs

Many jurisdictions offer diversion programs, especially for first-time offenders. A skilled lawyer will be familiar with these programs and can often negotiate for your participation. These might include:

• Traffic school
• Community service
• A probationary period

Successfully completing these programs often results in the ticket being dismissed.

9. Challenging the Constitutionality of the Stop

In some cases, a lawyer might argue that the initial traffic stop was unconstitutional. This could be based on:

• Lack of probable cause for the stop
• Racial profiling
• Violation of your Fourth Amendment rights

If the lawyer can successfully argue that the stop itself was illegal, any evidence from that stop (including the ticket) could be thrown out.

10. Preparing You for Court

If your case does go to court, a good lawyer will thoroughly prepare you. This includes:

• Advising you on how to dress and behave in court
• Preparing you for potential questions
• Ensuring you have all necessary documentation

Proper preparation can make a significant difference in the outcome of your case.

The Importance of Local Knowledge

It’s worth noting that traffic laws and court procedures can vary significantly from one jurisdiction to another. A lawyer who is familiar with the local courts, judges, and prosecutors can be invaluable. They may know:

• Which arguments are most likely to be successful with a particular judge
• How strict certain prosecutors tend to be
• Local diversion programs that might not be widely advertised

This local knowledge can often make the difference between a dismissal and a conviction.

When to Consider Hiring a Traffic Lawyer

While not every traffic ticket requires legal representation, it’s worth considering hiring a lawyer if:

• You’re facing serious charges (like reckless driving)
• You have a commercial driver’s license and can’t afford a mark on your record
• You already have multiple violations on your record
• The ticket would result in a significant insurance rate increase

In these cases, the cost of a lawyer may be far less than the long-term consequences of the ticket.

Fight Your Traffic Ticket with Confidence

At the Law Office of Heather C. Ford, we understand the stress and uncertainty that come with receiving a traffic ticket. We’ve helped numerous clients in New Orleans successfully contest their tickets, often achieving dismissals or significant reductions in penalties.

Remember, a traffic ticket doesn’t have to mean automatic guilt. With the right legal strategy, many tickets can be dismissed or reduced. If you’re facing a traffic ticket in New Orleans, don’t just accept it. Contact us today for a consultation, and let’s discuss how we can help you fight your ticket and protect your driving record.

Our experienced team will review your case, explain your options, and work tirelessly to achieve the best possible outcome. Don’t let a traffic ticket derail your life – with the right legal help, you can often get back on the road with your record intact.