I Have A Clean Driving Record, Will They Still Find Me Guilty Of My First Traffic Violation?

Posted on 
March 25, 2013
By 
No Comments

If you been driving for years and have kept a clean record free from any traffic violations then congratulations for staying safe on the road. It’s easy for someone to make a simple mistake on the road and be caught by the police like turning into a one-way street or parking where you are not supposed to. So what happens if you've been driving for years with a clean record and all of a sudden a police officer issues you a traffic ticket?  Does this mean that since it’s your first one that they should let you go with a warning?

First of all, if the police officer doesn't tell you he’s letting you go with a warning then you are not getting off that easily.  Many drivers today believe that their insurance rates won’t dramatically increase with their ‘first’ traffic violation.   If you take the time to think about it every driver who has a bad driving record started somewhere, and that’s when insurance companies start raising rates.

Recently a traffic violation case over a failing to stop at a stop sign went all the way to trial in Federal Court (it was on US Government property).  The driver was adamant that he was innocent of the charge and had a clean record to prove his behavior behind the wheel.  The defendant driver spent over 5 years going through different levels of the court system to finally have a judge find him guilty on the charge after hearing the police officer’s testimony.

Why going to trial may not be in your best interest.

The truth is, no matter how impeccable your driving record is there is no guarantee that a judge will throw out your ticket and let you slide. Why should she?   The truth is traffic violations are strict liability offenses which means you don’t have to intend to do them in order to be guilty.  You aren’t pardoned because of your driving history and “going with the flow of traffic” doesn’t hold up in court when the real question is whether you were driving over the speed limit.

The law is clear and doesn't make exceptions for historically good drivers, so it’s perfectly within the power of the judge to reject your arguments convict you. You might think that maybe you can argue your way out of this. Maybe if the judge hears your side of the story, she’ll reconsider? Maybe, but one wrong word or poorly thought-out sentence can seal the deal against you. Cops are trained to document everything they hear from you and can marshal a lot of evidence against you. Even if you are in the right, if you don’t have experience arguing in court it can be difficult to prove your case.

Consult a lawyer and secure the best outcome in your traffic violation case

Lawyers are experts in the law and know how to wrangle the best possible outcomes from annoying situations like a parking ticket or moving violation. Going to court yourself – when you don’t know a thing about the complex world of legal procedure – is ultimately a huge waste of your time, money and energy. You’ll also get the added pleasure of having a cop dispute everything you say, and a judge question and scrutinize every word coming out of your mouth.

Hiring a lawyer is your best bet because these people know how to handle the courts. They can negotiate with judges to lower or remove any penalties and will make life a lot easier for you. If you need to get out of a violation, call the experienced legal experts at the Rosenblum Law today at 888-883-5529. They are ready to help and capable of advising you.

Author Bio

Adam H. Rosenblum

Founding Attorney Of Rosenblum Law

Adam H. Rosenblum is an experienced and skilled traffic violations and criminal defense attorney. Mr. Rosenblum provides expert and aggressive representation to those facing points on their drivers’ licenses and the associated fines and surcharges.

Read Full Bio

No Comments

Leave a Reply

Your email address will not be published.

Free Consultation

Call us now for a quick, free, and no obligation colustion with one of our attorneys.
888-883-5529

Featured Experts

Kent Ng

NYPD (Ret.)
Read More

Mike Gheller

NYPD Officer
Read More

Travis Hall

NY State Police
Read More

Related Articles

Learn more about traffic tickets and criminal matters in New York and New Jersey.

The New York Driver Responsibility Assessment

New York began its Driver Responsibility Program in 2004. The goal was to place an additional financial burden on drivers who...
Read More
July 24, 2012

NY Cops Give Out Over 30,000 Traffic Tickets Over The Holidays

It’s a New Year and most of us are glad that 2012 is in the rear view mirror and are...
Read More
January 6, 2013

NJ Drivers Bring Class Action Suit Over Red-Light Cameras

A class action lawsuit was recently filed against a New Jersey municipality for its improper use of red-light cameras. The...
Read More

We've Fought Over 50,000 Traffic Ticket Cases

Call us now for a quick, free, and no-obligation consultation.
888-883-5529
chevron-down Call Now ButtonFree Consult Call Now linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram