Attorney Christian A. Straile, LLC
10 Best 2016 Client Satisfaction American Institute Of DUI/DWI Attorneys The National Trial Lawyers
352.371.9141 Gainesville
352.694.4529 ocala
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Traffic Ticket Lawyer

There is a large set of the population that has no idea what I do as a lawyer handling traffic tickets. I view it as very much the same as what I do as a criminal defense lawyer. I ensure that the government is held to their burden and that it can prove the case while actually following the constitution, the law and the rules. It is not about whether the government has sufficient evidence to prove the violation; it is about whether the government can actually admit such evidence into court while following the constitution and laws.

This brings me to what makes me think of this, the Dunnellon red light cameras. This week I handled my last three Dunnellon red light camera cases. I still practice traffic ticket defense, however the city disabled their cameras because it was becoming too much of a hassle to litigate the citations in court. Now that traffic court in Marion County, is over for this week, I can say that EVERY Dunnellon red light camera case that I handled was dismissed! The not so funny thing is that this week several people who were unrepresented went before me, their cases were not dismissed and they are paying fines to the government. This happens in criminal and traffic court all the time.

Why can I as a lawyer get my cases dismissed and the unrepresented are getting marks on their driving history and paying fines? Because I did research and had law to back me up. The hope in a traffic ticket case is always that the officer does not appear, because in a traffic citation case that is an easy road to not guilty. In these cases, the unrepresented simply did not know what to do when the city officer showed up in Ocala to prove the traffic ticket. The unrepresented did not know when to object. The problem with these particular traffic citations was that the government was not following the rules of evidence. The evidence code does not go away simply because you are in traffic ticket court. The rules of evidence actually do apply in infraction cases.

While the unrepresented said nothing, I objected to the attempt to improperly admit evidence. The government was left with no way to identify the driver. In a traffic ticket case your lawyer can represent you in your absence and the driver was not present to be identified. Identity must be proven in every traffic ticket case, and while many judges do not like the rule that allows a driver to be absent yet still requires the government prove identity, most judges will follow the law and dismiss the case when identity of the offender cannot be proven.

The life lesson if you are reading this blog is that if you or a loved one are in front of a judge in traffic court, criminal court or any other court, then you should consider hiring a lawyer. Click or call today to hire a defense lawyer.

1 Comment

Thanks for sharing the informative blog. The content on traffic ticket is well defined and must get aware in public.

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Attorney Christian A. Straile, LLC
352.371.9141 Gainesville
352.694.4529 ocala