It seems like a rash of new clients have been given tickets for alleged violations of red lights, stops signs, illegal backing, etc.  It costs about $165 to pay a ticket and more than that to hire a lawyer to go to traffic court, so many clients want a few tips so they can win at traffic court. Don’t worry about how the ticket will effect any potential case you have for injuries.  See why here.

I am assuming for my illustration that the Cop was not an eyewitness to the actual accident for which he issued a ticket.

The most important things to know about is the Florida Accident Report law and hearsay law. Basically when a cop investigates  an accident he asks the drivers what happened, then he looks around for possible witnesses  and other things like skid marks and broken glass.   Cops can even go to the hospital and ask drivers in the ER what happened. He then writes an accident report and often will issue a ticket to one driver or the other.

When he goes to traffic court he may be a witness. The Judge may ask him why he gave someone a ticket.  But, he should not be  allowed to violate the Florida Accident report law. That is an objectionable question and an objection should be made.  No one can ask him what the drivers said to him about how the accident happened including the Judge.  So, if one of the drivers reported to the Cop that the other driver ran a red light that is not allowed.  IF a witness told him someone ran a red light, that is hearsay, and the eyewitness should be called to say what he/she saw. The Cop cannot parrot what the eyewitness told him, that is hearsay. The Court should not allow the Cop to testify about what someone else saw and told him (hearsay) or what one of the drivers told him (Accident Report law). Both of those things should be objected to.

If the Judge does not know how the accident happened you should win.  There will be two conflicting stories and that is  not enough proof to conclude who violated the traffic laws.

Hope this helps!

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