Can you get this traffic ticket dismissed?
If you’re contacting an attorney about your traffic ticket, you may feel that something happened during the police encounter which could result in a dismissal. Having a case dismissed is the very best outcome, because no fines are due, no points are assessed, and there’s no mark on your driving history. What’s not to love about that?
My clients ask me this question all the time: “Can you get this ticket thrown out?” There are situations that come up that do result in dismissal, and they typically have to do with the paperwork (like the Supporting Deposition) that gets filed. Mistakes are not uncommon, but not all mistakes are important enough that a dismissal might result. An officer recording that your blue car is black probably won’t be enough, for example. It takes careful review of all of the facts and filings to spot errors that might be that serious, and that’s not something a prosecutor or judge is going to do for you. Additionally, the Court does not want to dismiss your ticket. They believe what the Officer has stated in writing on your ticket, and generally they want you to take responsibility. That is why sometimes, it is far cheaper and easier to reduce a ticket to a parking ticket rather than start what could be a lengthy fight. I have had many cases where even though my client’s ticket should get dismissed, but the Judge simply does not follow the law. Every Judge is different, and knowing them and their court can lead an experienced traffic attorney to decide when to file a Motion to Dismiss and when not to.
That being said, nothing is more satisfying than telling my client that their case was dismissed. The details that can get a traffic case thrown out of court are easily overlooked by someone who doesn’t have an attorney, and it’s very satisfying to be able to protect a client from a conviction that may have impacted insurance rates for years to come.