Traffic Law in Huntsville, AL
Traffic law refers to the creation, implementation, and enforcement of Huntsville, Alabama traffic codes. Traffic violations can vary in severity, ranging from minor speeding tickets to serious DUI charges. These violations lead to consequences, which can include fines, license suspension, license revocation, and even jail time.
In many states, when people fail to disprove traffic offenses, authorities may assess points and add them to a person’s driver’s license. These points can increase your car insurance premium for several years. If you accumulate too many points, it can even lead to a license suspension.
The Alabama Law Enforcement Agency considers the number of demerits in the last two years for suspensions. Each level of points tiers upward to longer punishments and can end with revoking your license. At first, reaching 12 – 14 results in losing your driving privileges for the next 60 days. The types of violations of the law that can apply are:
- Speeding up to 25 mph over the speed limit – 2 points
- Disregarding a stop sign or traffic signal – 3 points
- Illegal passing – 4 points
- Reckless endangerment in a motor vehicle – 6 points
If you are currently facing traffic violation accusations in Huntsville, Alabama it’s important to seek legal counsel as soon as possible. It’s a common pitfall to believe you can represent yourself in court. However, an experienced Huntsville, AL traffic law attorney increases the chances of proving your innocence. You also improve your odds of reducing sentences and getting rid of points.
Legal Strategies to Fight Huntsville, Alabama Traffic Tickets
Many people are unaware that fighting a traffic ticket and winning is more common than they think. While paying court and legal fees may seem like an unnecessary expense, avoiding costly points on your license can save you significant money over time. Hiring a qualified attorney to contest your ticket often increases your chances of success. In some cases, the issuing officer may not even appear in court, which can result in your ticket being dismissed. If this happens, you won’t have to pay the fine, and the points will be removed from your record.
For most locals, contesting traffic violations involves hearings with the Huntsville Municipal Court. A more significant incident, such as a felony DUI, may require a different judiciary.
If the officer does show up at court, an experienced traffic lawyer can make a solid case in your defense. Here are common legal strategies that your lawyer may employ to help you fight a traffic ticket.
Challenge the Officer’s Conclusion In Traffic Law Court
If any Huntsville, AL officer made a judgment on whether you broke the law, your attorney may argue the conclusion they came to was not the right one. For example, an officer might say that you made an unlawful turn, but in actuality, they couldn’t see whether it was unlawful or unsafe.
Challenge the Officer’s Observations In Traffic Law Court
You can challenge an officer’s observation in cases where it’s your word against theirs. To achieve this, your Huntsville traffic law attorney will need to cast enough doubt on the officer. This can prove difficult for a driver to tackle alone because judges tend to agree with officers quite often. However, if you can bring forward evidence that proves you are in the right, then you just might win the case. Here are some examples of evidence that might prove useful:
- Photographs of the scene of the traffic violation
- Witnesses, such as passengers or bystanders
- A diagram showing where your car was, and where the officer’s car was about the traffic violation
- Showing that the point of view from where the officer was made it impossible for them to see what happened
Prove Your Conduct Was Legally Justified
If you commit an unlawful driving violation in Huntsville, AL you can argue that it happened due to the circumstances. There are countless examples of this. The main goal is to prove to the judge that even though your actions may have constituted a violation, you had good reason to do so. Here are a few of these examples:
- Driving too slowly because you are about to make a left turn
- Swerving your car in a panic after a bump in the road caused hot coffee to spill from the cup in the cupholder
- Driving above the speed limit to get to the hospital because of a sudden medical emergency
Prove Your Conduct Was Necessary to Avoid Harm
There are times when violating traffic laws may be necessary to prevent harm to yourself or others. This can serve as a valid defense for challenging a traffic ticket. If you believe your actions were justifiable to avoid danger, it’s important to clearly and accurately explain the circumstances in court. Below are examples of situations where breaking traffic laws might be necessary to prevent harm:
- Speeding up well past the limit to avoid an out-of-control car
- Speeding up to avoid being rear-ended by an aggressive driver
- Slamming the brakes on a main road to avoid colliding with an animal that was crossing the street
- Swerving your car into the neighboring lane to avoid another car that swerved into your lane
Prove Your Conduct Was a “Mistake of Fact”
If your unlawful traffic violation happens due to a “mistake of fact” this means you simply made an honest and understandable error. When using this angle to defend your traffic ticket, try to have photo evidence of the issue in question for your hearing. The judge can use their discretion to determine if your error was a mistake of fact and can either enforce or drop the traffic ticket. Here are some examples where this might prove applicable:
- You failed to stop at an obscured stop sign.
- The sun was at the exact angle that you could not see the light turn yellow and it was too late to stop when you did see the light.
- A traffic sign was faded and hard to read so you could not do as it said.
Traffic School Programs
In some cases, going to a traffic school that has state sponsorship or approval can help clear your driving record. A judge may even make this a requirement after you’re found guilty of egregious speeding or a DUI. While this will involve some out-of-pocket costs, it can be worth the time and investment.
The City of Huntsville provides information about how to sign up for Defensive Driving School. Trainers who conduct this program have extensive training from the National Safety Council. The fees depend on an assessment of your driving record that decides which course is appropriate. As of 2021, the costs can range anywhere from $25 to $100.
Work With an Experienced Huntsville, Alabama Traffic Law Lawyer
Going up against Huntsville law enforcement officers when the judge seems more inclined to agree with them than you, can feel intimidating. This is especially the case if you have other traffic violations in the past that may reflect poorly on your driving habits. There is never a guarantee of the outcome in a court of law. However, working with an experienced Huntsville traffic law attorney can re-inject objectivity into the discourse and get you the justice you seek.
Are you ready to reach out to a traffic lawyer to get help with your case? We can even help you connect with an attorney across Alabama state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
