Traffic Tickets: Deciding Whether to Fight or Pay Up - Learn About the Law
- The more serious the violation, the more likely the officer will be there. If you and a dozen others are ticketed at "quota time" for going 5 mph over the speed limit, the officer is less likely to show up than if you were cited for going 60 mph in a school zone.
- The further the officer is located from the courthouse, the less likely he is to appear. In large counties this can really work to your advantage.
- An officer isn't as likely to appear during his vacation. There are usually more no-shows during the summer.
Here are a few tips to help you decide if the arresting officer is likely to be a no-show.
Traffic Tickets: Deciding Whether to Fight or Pay Up - Learn About the Law
- When trying to fight a ticket, ask yourself the question: "What are the elements (parts) of the offense I am charged with committing?"
- You were driving in a residential district.
- You drove your vehicle in a 180-degree turn, or "U-turn."
- Another vehicle was approaching within 200 feet or less, in front of or behind you.
- An "official traffic control device" at an "intersection" was not controlling the vehicle approaching you.
Focusing on each element of a law is often the key to unlocking an effective defense. That's because, to be found guilty of having made this illegal U-turn, the state must prove you violated each "element" or clause of the offense. In this case, the state would have to prove each of the following facts:
If you can show that your conduct didn't violate even one element of a traffic law, you are home free. For example, if the area where you were ticketed was not a residential district, or the vehicle the officer claims was approaching was over 200 feet away, or you were at an intersection controlled by an "official traffic control device," you should quickly be found not guilty.
- Was the officer's view of what occurred obstructed by other moving vehicles or stationary objects like trees, fences, or buildings? If so, this allows you to argue the officer could not have clearly seen the alleged offense and gives you an opening to sell your version of events to the judge.
- Was there an actual, provable error in the officer's approach or methodology? In citing you for speeding, did the officer correctly pace your vehicle or properly use radar, laser, or VASCAR to establish your speed?
169.14, 2009 Minnesota Statutes
Subd. 3.Reduced speed required.
(a) The driver of any vehicle shall, consistent with the requirements, drive at an appropriate reduced speed when
- when approaching and crossing an intersection
- and when special hazards exist with respect to pedestrians or other traffic or by reason of weather
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