Argue the Facts
The most important step in arguing based on the facts is to know the law (this is why we started by having you look up the section of the Vehicle Code which you allegedly violated). All the facts in the world will not help you make a point in your argument if you don't know what point you are trying to make.
Once you know the law, you will need to prove the facts to the judge. You may use witnesses, pictures, diagrams, reports , records, etc.
- Witnesses definitely can help corroborate your version of the story, but review the section on defense witnesses in the procedure section. Also, do not overlook the possibility of having the officer help establish favorable facts during cross examination; he/she can be your most credible witness.
- Pictures which clearly show the site of the alleged offense, or an obstruction of the officer's view or a sign can help your case. Do not assume that the court has video playback capability (check before you shoot the video).
- You may bring diagrams to court, or draw them once your testimony begins. A well drawn diagram may help the judge understand your case.
- Reports from the City Engineer's office can help to establish unusual road conditions or a malfunctioning signal, as well as a speed trap.
- The officer's own citation book can help prove his/her activity immediately prior to issuing your ticket. You may need to subpoena the officer's copy or the court's copy of this ticket. Also, the officer's radio and/or activity log could help (once again, you may need a subpoena).
NOTE: As with testimony, keep presentation of pictures, diagrams, etc. brief and to the point.