When you walk into literally any traffic court waiting room, you’ll hear people swapping the same ‘secrets’.
One person says the judge always goes easy on first-time offenders. Another says that, unless the cop shows up, the case is automatically tossed in the bin. And of course, there’s the classic, “Oh, just explain yourself, they’ll understand, don’t worry.”
This is all comforting, but you’re not here to feel better, and this so-called advice will tank your case if you (heavily) rely on it. In a courtroom, there are rules and procedures you have to follow, and nobody cares that your third cousin twice removed once ‘talked their way out of it’.
The main issue with all this is how, now with TikTok and similar social media, it has become popular for streamers to argue their way out of trouble. And that’s completely fine if you’re within your rights. But because of this, a lot of young people think that they’re in the right even if they aren’t.
The problem is simple, if you believe in inaccurate information, you’re bound to make some bad choices.
Table of Contents
Myths That Don’t Hold Up
Experienced traffic violation lawyers already know these are all myths, but you should be aware of them, too.
Here’s what will backfire (badly!) once you stand in front of the judge.
Officers Must Have Their Lights or Sirens On to Stop You
The stop isn’t legal if the office doesn’t hit the flashing lights or sirens, right?
Wrong.
Officers can still make 100% legal stops as long as they’re able to safely identify themselves, even if they’re in an unmarked car. And if you decide to ignore them, you’ll be charged with evading or resisting, and that’s a lot more serious than your original ticket would have been.
Courts have upheld a lot of cases where the stop was legal even without lights, so gambling on this myth isn’t risky; it’s downright stupid.
You Can’t Be Pulled Over After Dark
Honestly, who in their right mind would think that just because it’s dark, traffic stops aren’t valid?
Unfortunately, many people think this is how it goes. But officers can stop you at literally any time of day. If you’re on a dark road and you’re worried about safety, then slow down, put on your hazards, and pull over as soon as it’s safe.
| If probable cause exists, courts routinely allow stops at night (Fourth Amendment / traffic-stop jurisprudence). – Vehicular Pursuits ‘A Guide for Law Enforcement Executives on Managing the Associated Risks’, U.S. Department of Justice |
If you refuse to stop altogether, that’s a mistake.
A lot of drivers who refused to stop until they were home were later charged with failing to comply, which is another example of ending up in a bigger pickle than you would have originally been in.
If the Officer Doesn’t Show Up, the Case Is Automatically Dismissed
This one is prevalent and remarkably false.
Yes, it can help sometimes if the officer is absent, but does that guarantee that the case will be dismissed?
Absolutely not.
Judges can reschedule the hearing or call in another officer. They also have the option to go by the written report. This means that the case can move forward just fine without the original officer in the room.
If you show up expecting an automatic win, you’ll either get a new court date or face new evidence you weren’t prepared to counter.
You’re walking in without real defense, and that’s a one-way ticket to Loserville.
Minor Errors on a Ticket Make It Invalid
If you find an error on a ticket, you might feel like you’ve found a loophole.
But you haven’t because the wrong color of the car or a misspelled name doesn’t matter in court. Judges see them for what they are – clerical mistakes that can be fixed on the spot. Only serious errors (citing the wrong statute, mixing up the actual driver’s identity, etc.) can make the ticket invalid.
| Rule 36 of the Federal Rules of Criminal Procedure (U.S. Courts) allows a court to correct clerical errors as long as they aren’t substantive. Clerical errors are defined as errors/omissions in court records that are patently evident and correctable. – Pennsylvania Bulletin (Commonwealth of Pennsylvania) / Cornell Law School (Legal Information Institute) |
Be smart about it and don’t put all your hope into a typo. You’ll have nothing else to argue, and the judge probably won’t even blink before moving forward.
You Can Talk Your Way Out of It in Court
Come on, be reasonable. If all it took to get out of trouble was explaining that your kid was late for school or that you thought the speed limit was higher, what would be the point of a ticket?
These reasons are understandable, sure, but they’re not a legal defense.
A traffic court is all facts and evidence.
Was the radar gun calibrated? Did the officer follow procedure? Was the sign visible?
This is what matters.
If you walk in there with nothing more than a story, you’ll look unprepared, which in turn hurts your credibility in the eyes of the judge.
You Can Only Get a Fine, Nothing More
Paying a fine and moving on is definitely not the worst thing that can happen to you.
Traffic violations have serious consequences, and they go way beyond your wallet. Points on your license push you closer to suspension, insurance companies can’t wait for violations so they can raise your rates, and reckless driving and DUI will land you behind bars.
That’s right. You can literally go to jail.
Conclusion
If you go online, you’ll quickly come to the conclusion that EVERYONE is an expert. But in reality, you know that just isn’t true.
So, how do you know who to listen to? Ask a lawyer. Just keep in mind that each U.S. state can have its own specific laws, so be sure to contact one that covers your jurisdiction.
If you want to look an answer up online, then government sources are also a great way of getting accurate information – even though it might be a bit hard to understand for people who aren’t fluent in law. Check for sources. If the source is saying the same thing as what’s written, then you know the information is accurate and it can be trusted.
Be reasonable. Be informed.
You don’t want to find yourself in court because you interpreted a law in your own way/words. And relying on court mistakes, your charm, or perhaps a judge who’s in a great mood, will only get you that far.
