Challenge the Officer’s Observations and win

In cases where your state law requires an objective observation by the officer (not a judgment call about whether your action was safe), it often boils down to an argument about whose version of the facts is correct. For instance, if you were cited for failing to come to a stop at a red light or for making a prohibited turn, who wins the case will depend on who the judge believes. Unfortunately, the guy wearing the badge usually wins, unless you can cast real doubt on his ability to accurately perceive what happened. However, there are a number of techniques that may work to raise at least a reasonable doubt as to your guilt.

Here are the types of evidence most likely to help you convince the judge that you — not the officer — are in the right:

• Statements of witnesses, such as passengers or bystanders, who testify to your version of events. Witnesses are probably the strongest defense.
• A clear, easy-to-understand diagram showing where your vehicle and the officer’s vehicle were in relation to key locations and objects, such as an intersection, traffic signal, or other vehicle. Diagrams are especially important for tickets given at intersections, such as right-of-way, traffic light, or stop sign violations. Take Pictures if possible.
• Photographs of intersections, stop signs, and road conditions. These can be used to show conditions like obscured stop signs or other physical evidence that backs up your case.
• Any other evidence that would cast doubt on the officer’s ability to accurately observe your alleged violation. A classic way to do this is to prove his view was obscured — or that his angle of observation made it impossible to accurately see what happened. And therefore the officer is wrong.