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Should I fight a ticket for a nonmoving traffic violation?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
If you violate a traffic law without being in motion, i.e. your car is not moving, you will be charged with a nonmoving violation. You can be charged with a nonmoving traffic violation even if your ignition is switched off. Examples of nonmoving traffic violations include:
All nonmoving traffic violations are punishable by fines. Whether you should fight a nonmoving traffic violation or just pay the fine and move on is a decision which you must take. You must consider certain factors before taking that decision.
If the nonmoving violation will not result in points being accumulated on your driver’s license or is unlikely to result in your insurance rates going up, then it is best to pay the fine and move on. But you should challenge the ticket if you believe that the ticket was unfairly issued.
If the nonmoving violation will result in points accumulating on your driver’s license or cause your insurance rates to increase, you should fight the ticket. If you pay without challenging the ticket, it will be treated as a conviction and it will have all the consequences of a conviction.
If you decide to fight the nonmoving violation, your case will be heard by a judge. The prosecution will present its side of the case. You will then be given a chance to present your side of the case. You can also cross examine the officer who issued the ticket. The prosecution must prove beyond reasonable doubt that you committed the nonmoving violation you are charged with. If you succeed, the ticket will be dropped.
Consult with an experienced attorney. The attorney can advise you on how to fight the nonmoving violation.
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