Navigating Legal Dismissal of Traffic Tickets: Understanding the Process and Odds

Traffic tickets can be a frustrating and time-consuming experience. However, there are methods you can explore to have your ticket dismissed. This article delves into the complexities of the legal system, the role of common law, and strategies to navigate through the process.

Understanding Your Legal System

First and foremost, it's important to understand the legal framework under which you're operating. Many are unaware that the legal system they engage with is not based on common law, but instead on commercial law, introduced in 1933. Common law, often called common sense, relies heavily on precedent and the concept of a victim or crime. Signing documents like the UCC1-308 when receiving a ticket automatically places you within the commercial law system. This means you must take proactive measures to break out of this system. One common approach is to send a refusal notice for the ticket, contesting the validity of the contract presented. However, the effectiveness of such actions can vary.

Strategies for Ticket Dismissal

While the process is not straightforward, several strategies can be employed to increase the chances of having a ticket dismissed without paying the fine.

1. Pay the Ticket:

- If you were in the wrong, paying the ticket is often the simplest and most effective solution. This removes the incident from your record and allows you to move on. - In some cases, you may also have the opportunity to complete traffic school, which can also help clear the record of the violation.

2. Attend Court:

- Showing up to court on the assigned date can sometimes lead to the citation being dismissed, especially if the officer who issued the ticket doesn’t show up. - The judge’s decision might also swing in your favor if they are in a lenient mood. Being honest and contrite can sometimes result in a dismissive ruling. - Judges can also sometimes be swayed by additional considerations, such as making a small donation to a charitable organization like D.A.R.E.

3. Hiring an Attorney:

- Engaging an attorney can sometimes lead to the successful resolution of traffic violations such as speeding or parking tickets. While it may come at a cost, it can be a worthwhile investment to avoid having points assessed on your record. - For more serious offenses, hiring an attorney may be the best route to take, although it’s often more costly.

The Role of Common Law

Common law, often referred to as common sense, operates on principles of victimization and wrongdoing. In a common law system, there needs to be a victim for something to be considered a crime. Without a victim, there is no crime. Challenging the ticket within the context of common law can be complex. The key is to place yourself in the common law framework. This involves sending a refusal notice and arguing the validity of the contract presented by the court. If you are successful, this can potentially break the contract and void the ticket.

Conclusion

The process of dismissing a traffic ticket is multifaceted and dependent on several factors, including the underlying facts of the case, judges’ moods, and the strategies you employ. By understanding the legal framework and adopting proactive measures, you can increase your chances of having the ticket dismissed without paying the fine. If you are facing a traffic citation, it pays to do your research and consider consulting with a legal professional who specializes in traffic violations. Doing so can significantly improve your chances of achieving a favorable outcome.