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Top 8 Traffic Ticket Myths

Urban myths relating to traffic tickets abound, but drivers and defendants will find that few of them are true.

The best advice is to simply obey the law, know that rules and procedures vary from jurisdiction to jurisdiction and don't count on these myths when you're hoping to escape a ticket -- or the consequences.

Myth No. 1: If the officer makes a single mistake on your ticket, the case will be dropped.

A ticket should be seen as an accusatory instrument and a basis for prosecution that must be factually valid, says Matisyahu Wolfberg, an attorney from Spring Valley, N.Y., who represents defendants in traffic cases and lists tips on his Web site Clerical mistakes, such as a wrong number or wrong order of a person's name, are usually overlooked. Material mistakes, like the identity of the driver, the direction of travel, the street where the citation occurred or the description of the vehicle, can usually help a driver win the case.

"Any mistakes that involve who, where and how, usually can be used to beat the case in a trial. If the description of the vehicle is inaccurate, the officer will usually lose," says Wolfberg. He recalls one recent case in which the officer cited a white Mercedes when the defendant was actually driving a black Porsche.

Myth No. 2: If the officer doesn't show up in court, you automatically win.

While this may happen in many cases, there's nothing "automatic" about it. Most judges will drop a case if the officer does not appear in court because defendants have the constitutional right to question their accusers. However, in some jurisdictions, a case is scheduled at a time to help ensure the officer is present, or a judge will reschedule the case altogether. Wolfberg says that in most cases an officer not showing up will result in a dismissal, but there is no guarantee.

"It all depends on the jurisdiction, the court, the judge, the law," says Wolfberg. "Most judges feel the pain of people taking time off work and out of their lives to come to court and will dismiss if the officer doesn't show."

Myth No. 3: Red cars get more tickets.









Myth No. 7: A radar detector will ensure that you never get pulled over.

"Radar detectors give drivers a false sense of security that they can speed as much as they want without facing the consequences of breaking the law," says Ken Underwood, president of the National Safety Commission, an organization that promotes safe driving. But speeding drivers are also more likely to commit other infractions, and a radar detector can't tell you when a cop is watching you run that red light or make an illegal turn. In Virginia and Washington, D.C., both ban the use of radar detectors, and it looks like Florida may do the same in the near future.

Radar detector users often find themselves chasing new technology as law enforcement upgrades its speed-detection devices.

Myth No. 8: If you don't sign the ticket, it will be dismissed.

Signing a ticket is not an admission of guilt. The signature is merely an acknowledgement you received the ticket and a promise to appear in court. Refusing to sign the ticket -- there are drivers who think that if they don't sign, they can lie in court and say they weren't there -- will do nothing but agitate the officer and invite more scrutiny.

In some states, such as Texas, refusal to sign a ticket can mean a trip to jail. Houston attorney Robert Eutsler says that if you don't sign the ticket, the officer has the choice to either take you to jail or write on the ticket "refused to sign."

"It's a promise to appear in court on a certain day, that's all it is,'' says Eutsler. "It's certainly a myth that if you don't sign it, it's going to get dismissed. You're more likely to get arrested and the officer is going to get very upset."

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Mythbusters actually did a piece on the 'red car' theory. BUSTED !

Could probably add another myth; Passing in right lanes helps prevents tickets. Cops I've talked with actually tend to pull these people over more.

As far as tickets go I have found a neat little advantage; you are allowed, at least in some states, to ask for a deferral on the original hearing date. By the time I actually got to court it was months later. The cop couldn't remember the case and I received a warning. Worked twice so far!:)
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