Don’t risk higher insurance rates and a bad record when you can win.
If you’ve received a civil infraction, such as speeding, your best option is to “fight” the ticket. Never pay a ticket without trying to negotiate for a waiver of the points and a change in the charge to a non-moving violation.
Civil Infractions – Lawyer or Self-Representation?
Along with representing clients against serious felony charges, we also handle more common cases. Even the most conscientious citizens occasionally find themselves charged with speeding, failure to yield, improper lane use, prohibited turn, or some other traffic offense. These actions can have detrimental effects on your driving record and insurance rates, so it’s a good idea to know the facts and go to court with a lawyer who can help negotiate the best possible deal. Is hiring a successful civil infraction attorney worth the expense?
An Overview
Civil infractions are a special area of the law that does not require intent. This means one pleads “responsible” rather than “guilty” to a civil infraction. The prosecution does not need to show that you meant to commit the crime. With the right lawyer and case, your attorney might be able to convince the prosecution to drop a misdemeanor down to a civil infraction or a civil infraction down to a better civil infraction.
Civil infractions are not as severe as misdemeanors and felonies, but some can hurt your driving record, eventually leading to higher insurance costs and a license suspension. Something as simple as disobeying a traffic sign can earn you three (3) points, and enough of those points could put you in jeopardy of losing your driving privileges. Not being able to drive in a place like Michigan can have a disastrous effect on your ability to work, live, and support a family. You can represent yourself, hire a general practice or multi-practice lawyer, or a lawyer who routinely handles traffic, civil infractions, and criminal offenses.
Why are experienced lawyers so good at getting tickets dismissed?
The most experienced civil infraction attorneys employ nuanced negotiation strategies to persuade prosecutors to reduce traffic tickets to non-moving violations, which do not impact the client’s driving record. These negotiations are a blend of legal acumen, understanding of local laws, and interpersonal skills.
A key aspect of their negotiation strategy involves presenting mitigating factors that work in favor of the client. This might include the client’s driving history, especially if it’s minimal, or highlighting any extenuating circumstances at the time of the violation. For instance, if the client’s offense was minor and out of character, the lawyer might argue this as a one-time lapse in judgment.
Building a professional rapport with the prosecutor is also crucial. Experienced lawyers often have working relationships with local legal officials and understand the typical negotiation boundaries. They use these relationships to advocate effectively for their clients.
Moreover, they may propose alternative solutions, such as attending a defensive driving course or community service, in exchange for a reduction in the severity of the ticket. These alternatives serve the community and demonstrate the client’s willingness to take responsibility and learn from the situation.
Throughout the process, they maintain a balance of assertiveness and professionalism, understanding that the final decision lies with the prosecutor. Presenting a compelling, fact-based argument while remaining respectful and open to dialogue is key in these negotiations.
Fighting Traffic Tickets – What You Need to Know
Top civil infraction lawyers utilize diverse strategies to get tickets dismissed, and their success largely hinges on a detailed analysis of each case. They start by thoroughly reviewing the incident, including the officer’s report and the specific circumstances under which the ticket was issued. One common tactic is challenging the accuracy of the evidence presented, such as questioning the calibration of radar equipment in speeding cases. They also look for procedural errors, like incorrect information on the ticket or violations of legal timelines, which can be grounds for dismissal.
Additionally, top civil infraction attorneys might exploit legal technicalities, such as unclear road signs, to argue that the infraction was not evident to the driver. Presenting alternative evidence, like GPS data or dashcam footage, helps in contradicting the officer’s account. Sometimes, they may even argue that the violation occurred due to unavoidable circumstances or emergencies. The approach chosen depends on the unique aspects of each case, and the lawyer’s deep understanding of traffic laws and the legal system is crucial in increasing the chances of a successful dismissal.
Why You Need A Lawyer for a Civil Infraction
You need an attorney who knows the court you are dealing with, which zero-point civil infractions are available in that court, and how best to pursue them. All courts, prosecutors, and judges deal with traffic matters and civil infractions differently. You need an advocate who knows the legal landscape and is familiar with your situation to find the best possible outcome. A top traffic ticket attorney has the best chance of getting your ticket dismissed and thrown out of court.
You need a lawyer if you’ve been charged with a civil infraction. These offenses vary from one municipality to the next. Because prosecutors and courts differ in handling traffic offenses in different jurisdictions, you should contact an attorney with experience with your prosecutor, judge, and the court to seek the best outcome. The civil infraction attorneys at LEWIS & DICKSTEIN, P.L.L.C. have decades of experience dealing with traffic offenses in Oakland County, Wayne County, Macomb County, and throughout Michigan. They know when a misdemeanor can be reduced to a civil infraction and how to pursue the ones that will not affect your driving record. One of our criminal defense attorneys will consult with you, advise you, and successfully represent you in court.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
