How I Fight and Win Traffic Tickets
Posted Thursday, August 8, 2019 by Andrew Charles Huff
This question is one I’m asked by clients, friends, and colleagues who don’t practice traffic defense and my answer is always the same…a thousand different ways.
When I first review the discovery documents of any case, I look at the face of the ticket to ensure required information is present.
There are specific filing deadlines that have to be met by the court and prosecutor.
There are jurisdictional requirements for a court to hear a case. For example, Seattle Municipal Court could not hear a case cited in unincorporated King County.
A check of the alleged dates to see if everything is consistent, such as whether the violation date is the same as the date the ticket provided to the driver.
I examine what the officer’s qualifications and training in conducting traffic stops and operating a Speed Measuring Device (SMD).
The many foundational issues such as when the Speed Measuring Device (SMD) was calibrated and checked for accuracy by the citing officer and the results.
It is imperative to find as many issues as possible to show the court the prosecutor has not met their burden of proof. Remember, unlike a criminal case, the burden of proof is much less…a preponderance or “more likely than not” the state has met their burden.