Why Fight a Traffic Ticket and If I Do Why Hire an Attorney?

To win, or more accurately, to minimize your liability for penalties or points on your driving record.

First, it is entirely possible for you, by yourself, to review the law (Vehicle Code section) that you were ticketed and alleged to have violated, and prepare a defense to present at the traffic court hearing/trial. However, consider the time it will take for you to review the vehicle code (in addition to the time it takes to even find one to review, like at a law library), analyze what you are alleged to have violated, prepare a defense, and appear in court. Darwin Bustarde, Esq. of Bustarde Law can lessen or eliminate the time and effort you would have otherwise have to personally dedicate to present a competent defense.

Moreover, it is important to obtain a reasoned analysis of the alleged violation. California's Vehicle Code is long and complicated, and the individual provisions in it can be too. This actually can help you in your defense. The more complicated the statute the more legal "elements" that have to be proved to establish your alleged guilt.

For example, if you have been cited for a speeding violation under Vehicle Code 22350 (the "Basic Speed Law") you can potentially establish your innocence by relying on the provision that requires the state (ticketing officer generally) to prove that your speed was "greater than is reasonable or prudent" or endangered "the safety of persons or property."

In other words, establishing that even though you may in fact drove faster than the posted speed limit may not be enough for the state to prevail. Your driving may still be "legally" reasonable.

To establish this you could testify to this fact yourself (which would be the case regardless of whether you hire an attorney or not) but also get the state/prosecuting agency to prove your point too. This can be done by some artful questioning and review of the officer's notes or the ticket itself.

Police officers are trained to testify to establish the necessary elements to prove a violation occurred, and they will likely leave out the rest. Good questioning can establish that when you were ticketed on Mission Boulevard that traffic was light when you were allegedly speeding, visibility was good, other traffic was in fact moving at the same pace as you, etc.

An attorney knowledgeable in the nuances of the law and burden of proof can present a defense even where the violation appears clear cut. Additionally, an attorney's input can identify other "defenses" that you may not have considered. Look out for upcoming posts for additional information.

If you have been ticketed for a traffic infraction call or email Darwin Bustarde to begin discussing your options. He offers reasonable flat rates for his services. For matters to be heard at the Vista Courthouse in north San Diego County he can represent you for a flat rate of $100.00.