How I Fight and Win Traffic Tickets

Posted Friday, March 13, 2020 by Andrew Charles Huff

The question of how I successfully fight traffic tickets 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 date to see if everything is consistent. For example, a different violation date versus the date the ticket was provided to the driver.

• What are the officer’s qualifications and training.

• Foundational issues such as when the Speed Measuring Device (SMD) was calibrated.

• When the SMD was 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 prosecutor has met their burden.