Receiving a citation for a moving violation in the Erlanger area may seem like a mere annoyance. Most violations will result in no more than paying a fine and some points on a driver’s license. Because of this, many people accept the officer’s findings and pay the associated fee. However, this does not have to be the case. All drivers maintain the right to request a court hearing with a skilled defense attorney to contest an officer’s report. A successful hearing may result in a judge dismissing the offense or ordering a lesser fine.
An Erlanger traffic lawyer could help if you wish to appeal a traffic ticket. They could work to inform you of your rights, take the necessary steps to trigger the appeal, and appear in court on your behalf to aggressively argue the case. Call today to put decades of experience to work for you.
Common Examples of Moving Violations
A traffic ticket that is not an alleged criminal offense gives drivers the option of requesting a hearing. Examples of these violations include:
- Travelling too far below the speed limit
- Running a red light or stop sign
- Failing to signal
- Texting while driving
- Following too closely behind another driver
- Intentionally preventing another driver from passing
Drivers who wish to contest these tickets have a limited time to request a hearing. To do so, a driver must follow the procedures listed on the ticket itself. The court will then schedule a hearing where a driver can speak with a prosecutor and request a trial to argue their case. This may seem like a simple process, but traffic laws can be complex. A seasoned Erlanger traffic attorney could help someone unfamiliar with these nuances protect their rights and achieve the best possible legal outcome.
Criminal Traffic Violations
While most moving violations are minor offenses, other allegations can carry criminal charges. In general, an instance that results in property damage or physical harm where the driver flees the scene is a criminal offense. Officers in these cases have the authority to arrest a driver or order them to appear in court later.
What to Expect in Traffic Court
Traffic court cases in Erlanger and throughout the Commonwealth resemble criminal cases. During the trial, a prosecutor will present evidence that may appear to indicate guilt. Typically, this will include calling the officer who issued the ticket as a witness. In addition, a prosecutor may produce photos taken by traffic cameras or rely upon accident reconstruction information in allegations involving a collision.
The accused driver has the right to cross-examine all state witnesses and may present their evidence to create reasonable doubt in the jurors’ minds. This is not always an easy task, especially with no prior knowledge of litigation. Having the guidance of an Erlanger attorney who is well-versed in traffic laws and has experience in taking things to trial could make a great deal of difference to the result of a case.
Speak with an Erlanger Traffic Attorney to Ensure the Proper Understanding of an Alleged Violation
The law will never assume that you are at fault for a moving violation. However, many drivers accept the officer’s word at face value and do nothing to protect themselves. With many traffic tickets carrying heavy fines and potential license suspensions, it is vital that you understand your rights and how to protect them.
A dedicated Erlanger traffic lawyer could help you fight your traffic ticket in court. This includes taking the necessary steps to request a hearing, appearing in person to handle all preliminary matters, and formulating an argument designed to create reasonable doubt in the minds of juries. Take the first step towards defending your right to drive and call today.