Anyone facing traffic crime charges needs to know what their options are likely to be. Typically, a traffic crime attorney will advise a client to pursue at least one of the following five strategies.
Question the Evidence
Before you even consider whether to plead guilty or not guilty, take a strong look at the evidence with the support of a traffic crime lawyer. Even if you're convinced the state is in the right, see what the evidence says.
You might be surprised to find that an overzealous cop pushed a weaker case than they realized. Perhaps there was a car that looked just like yours in the same area. Maybe they don't have your vehicle on video so the whole case hinges on the cop's claims. There might even be witnesses who can provide testimony contrary to the state's arguments.
Examine the State's Legal Theory
Every prosecution case has a legal theory. If the state says you were driving recklessly, you might have had a good reason for driving that way. It sounds like a TV show's plot, but people do need to race to get someone to the hospital, for example. Generally, there's an argument for a certain degree of aggressive driving if it's the expeditious thing to do to save a life.
Challenge the Legal Basis
Most traffic crime cases involve stops at some point. A traffic crime lawyer will want to know what the basis of the stop might have been. If the cops can't prove they had a good reason for pulling you over, then your attorney is going to ask the judge to dismiss any charges that follow from the stop.
Plea Bargain
You might also consider trying to bargain the charge down to something lesser. If you can argue a reckless driving allegation down to a failure to observe a traffic control device, that could keep points off your license and save you a bigger hit on your insurance premiums.
Depending on the circumstances, the state might want something in return. For example, prosecutors might seek a suspended sentence for someone involved in a road rage incident for the first time. However, the driver would likely need to complete counseling and maintain a clean driving record for a while.
Plead Guilty
Finally, you could throw yourself at the mercy of the court. The goal of pleading guilty is usually to show the judge that you accept responsibility. Ideally, the court responds by not hitting you with the maximum sentence.
For more information, contact a traffic crime lawyer.
Share25 April 2023
When my husband filed for divorce a few years ago, I knew that I didn't want to endure a legal battle on my own. I interviewed several different attorneys until I found one that I really liked, and then I really gave my case my all. I had long talks with my lawyer about everything from financial problems to the way that we organized our schedule, and she was able to create a rock-solid case from my statements. This website is all about the importance of communicating effectively with your attorney by making the right decisions. Check out these posts about lawyers so that you are better prepared for your next case.