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What Are Some Ways My Atlanta Traffic Ticket Can Be Dismissed?

Were you issued a traffic ticket in Georgia? You may be able to get it dismissed with the help of an experienced Atlanta traffic ticket lawyer. Here’s what you should know. 

1. There Was Missing or Incorrect Information on Your Traffic Ticket 

The police officer who stopped your vehicle has a responsibility to fill out the ticket and/or summons with accuracy. Missing, incomplete, or incorrect information on your ticket, such as the wrong name or address, may be enough to ask the court that the ticket be dismissed. 

2. The Equipment The Officer Used to Judge Your Speed or BAC was Faulty 

 

If an officer pulled you over for speeding or tested your blood alcohol concentration (BAC), they will have to use special equipment to do this. The equipment must be regularly calibrated and maintained in order to maintain efficiency; if an officer fails to do so, you may be able to argue that the equipment could not have possibly produced an accurate reading. 

3. The Police Officer Who Pulled You Over Fails to Appear In Court 

 

In some cases, police officers who pull Atlanta residents over do not appear in court at your traffic hearing. At this time, the officer is expected to give an account of what happened to cause them to pull you over, which should match the initial police report. If the officer fails to appear or gives a testimony that doesn’t match their report from the scene, you may be able to have your ticket dismissed. 

What Are Some Defenses That Aren’t Effective? 

Some traffic ticket defenses just aren’t effective, like suggesting that you were speeding because you were following the flow of traffic and others were speeding too. 

Other potentially ineffective defenses include questioning the integrity or honesty of the officer who pulled you over, attempting to use a sad story or an excuse to explain your behavior, or claiming ignorance of the traffic laws in the area you were driving. 

When to Get Help From an Atlanta Traffic Ticket Attorney 

A traffic ticket seems simple enough to resolve, but it can wreak havoc on your driving record. In some cases, it may result in the suspension or loss of your driver’s license. Contact an experienced Georgia traffic ticket attorney to get help defending your record by calling The Kimbrel Law Firm at (770) 349-9219. We are standing by to help assist you.

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What Are Moving Violations?

Moving violations are one of the most common reasons Atlanta police officers issue traffic tickets. It’s important to understand how moving violations are determined and how they differ from simple traffic infractions. Here’s what you should know. 

The Difference Between Traffic Infractions and Moving Violations 

A simple traffic infraction is the least serious violation and the consequences are usually a fixed fine. Parking tickets, failure to produce proof of insurance, a broken headlight, and expired motor vehicle registration are good examples. Typically, these infractions do not result in points added to your Georgia driver’s license. 

Moving violations are also considered traffic infractions, but they’re categorized and penalized differently. These are more serious types of infractions that are committed while the vehicle is in motion. 

Moving violations are divided into two categories depending on a variety of factors, particularly the violation’s risk of harm to other people. They do add points to your driver’s license, and how many is determined by the seriousness of the offense. 

Minor Moving Violations 

Minor moving violations include but aren’t limited to:

 

  • Lower speeding offenses 
  • Failure to yield 
  • Failure to stop or running a stop sign 
  • Tailgating 
  • Failure to yield or stop for a school bus 

Major Moving Violations 

Major moving violations include: 

 

  • Reckless driving 
  • Driving with an open container of alcohol 
  • Driving while intoxicated 
  • Running a red light 
  • Serious speeding offenses 
  • Failure to wear a seatbelt 
  • Failure to properly use child safety restraints 

How Traffic Infractions and Moving Violations Affect Your Insurance 

Insurance companies and the State of Georgia do not necessarily rank traffic infractions, minor moving violations, and major moving violations the same way. 

For example, while you may be penalized with a fine after receiving a traffic ticket for not having a copy of your vehicle registration at the time you were stopped, your insurance company may not consider the offense serious enough to raise your insurance rates. 

On the other hand, you may receive minor state penalties for a moving violation like failing to yield to a school bus while your insurance company may take this violation more seriously and hike your rates or drop you from your policy entirely. 

Should You Fight Your Traffic Ticket With the Help of an Atlanta Attorney? 

If you’ve been issued a ticket for a traffic infraction or moving violation, you can protect your driver’s license and your record with the help of an Atlanta traffic attorney. Contact the Kimbrel Law Firm today at (770) 349-9219.

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What Are the 4 Steps to Contesting a Traffic Ticket?

If you were stopped for a traffic violation and ticketed, you may think nothing of paying the fine and moving forward with life. However, this may not be in your best interests and you may be better off contesting the ticket in court. Here’s are the 4 steps to contesting a traffic ticket and how to get the legal help you need. 

Understand Your Local Traffic Laws 

 

Many people don’t have a good understanding of their state, city, and county traffic laws. This can lead to confusion over what the officer actually stopped you for and whether or not you actually violated Georgia traffic law. 

Take some time to get familiar with traffic laws in your area, especially those pertaining to the alleged violation you were ticketed for. An experienced traffic lawyer can help you better understand traffic laws or direct you to reputable resources where you can find the information.

Ask for Copies All Documents Related to Your Traffic Stop 

You’ll want to obtain copies of all documents related to your traffic ticket. In some cases, this may simply be the police report that the officer wrote up after stopping you. In other cases where a traffic ticket is related to an accident, there may be more documents such as witness reports, medical records, depositions, and more. 

Don’t rely on other entities to keep accurate records of what transpired when you were ticketed. Get copies of the police report and other documents as soon as they become available and keep them in a safe place that only you know about. 

Make Sure Your Defense Is Viable 

It’s important that your ensure your defense is sound before attempting to challenge a ticket in traffic court. This is where the support of an attorney helps tremendously. 

Your lawyer can evaluate all possible defenses and angles, determine which defense tactic the evidence at hand supports, and recommend a strategy that has the best chances of success. Your attorney can also let you know if there’s just not enough evidence to form a defense and can recommend an alternative to contest the ticket that works more in your favor. 

Contact an Experienced Traffic Ticket Attorney to Represent You 

Don’t wait to consult a traffic lawyer after being issued a ticket, especially if you stand to lose your license. At The Kimbrel Law Firm, we can help you develop a defense and will represent you in traffic court to petition for the dismissal of the violation. Call now for your consultation at (770) 349-9219.

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How to Fight an Automatic Red Light Ticket

In Atlanta, many intersections have cameras programmed to take photographs when the light turns red. This allows the cameras to catch drivers running red lights without the need for law enforcement presence. The camera photographs the individual’s license plate and generates a ticket. Then, a ticket is mailed to the driver. If you received an automatic red light ticket, here’s how to fight it with the help of a seasoned lawyer.

Challenge Photo Clarity

Automatic traffic cameras don’t necessarily capture the best photographs. Often, they are dark and grainy, making it difficult to see the license plate number, or even the make and model of the car. This is especially true because the central point of the photograph — the vehicle — is in motion.

The first thing to establish is that you are the driver of the vehicle in the photograph. If it is difficult to recognize you beyond a shadow of a doubt and they can’t prove it’s you, it’s likely that a judge will have to dismiss the ticket.

Challenge the Authentication of the Photo

Another defense would be to challenge the validity of the photo. Sometimes during traffic hearings, a representative from the camera manufacturer is available to report that the camera was working properly at the time the photo was captured. However, if no representative from the camera company is available to authenticate the photo, you could have the photo struck from your file. In these cases, the photo is generally the only evidence available. Therefore, it may be possible for your case to be dismissed.

Challenge Your Actions

In some cases, you may erroneously receive an automatic red light ticket. For example, if you made a legal right turn at a red light, you may challenge that you didn’t break any laws and therefore should not have received the ticket.

Don’t let an automatic red light ticket add points to your license and increase your risk of a license suspension. Contact an Atlanta traffic ticket lawyer today for help. Call the Kimbrel Law Firm now at 770-349-9219.

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How Can I Get Out of Speeding with a Warning?

Five Things That May Help You Get A Warning Rather Than A Traffic Ticket

 

If you’re stopped for speeding, you may be given a warning instead of a ticket. Can you increase the chances of that happening? Here’s what might help. 

1. Be Polite 

 

No one likes to be pulled over, but a bad attitude isn’t going to put the officer on your good side. Be polite to the officer and use a low, calm tone of voice. 

2. Do Not Admit to Speeding 

 

Usually, the officer who pulled you over will ask if you know why they did. Do not admit to speeding or any other driving violation. You may be tempted to say, “I was just going a little bit faster than the speed limit,” but this essentially hands the officer your case on a silver platter. Instead, tell the officer you don’t know. 

 

You truly don’t — even if you were speeding, the officer may have pulled you over for a broken taillight or for another reason. Let the officer tell you why they stopped your vehicle. 

3. Have Your Driver’s License and Insurance Card Ready 

 

Police officers stop cars for traffic violations all day, and few enjoy standing on the side of a busy road while you hunt for your ID and proof of insurance. Secure these items in a safe and easily accessible place in your vehicle in case you do get stopped. Let the police officer know where the items are located and ask for permission to retrieve them from that location when the officer asks you to produce them. 

4. Ask 

 

There’s no harm in simply asking the officer to give you a break, especially if you’re not a habitual offender. The worst that the officer will do is say no and write you a ticket anyway, which was likely to happen anyway. If you’re truly running late or dealing with an emergency, let the officer know, but don’t expect them to have an emotional response. Remain calm, even if the officer does not seem to mind that you’re having a difficult time. 

Got a Speeding Ticket? You Need an Atlanta Traffic Ticket Lawyer 

 

If you were stopped for speeding and given a ticket in spite of your best efforts to be let off with a warning, you should consult with an attorney as soon as possible. If you simply pay the ticket, this is considered entering a “guilty” plea, which will assess points to your license. If you accumulate too many points within a certain period of time, you’re at risk of losing your driving privileges.  

 

Contact me today for a consultation to learn more about fighting a speeding ticket by calling (770) 349-9219.

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