Akron Traffic Offense Lawyer

Common Defenses to a Traffic Charge

In a criminal traffic case, the state prosecutor handling the case has the legal burden of proof. In addition, to secure a guilty finding or conviction against you, the prosecutor has to satisfy all of the legal elements of the charge beyond a reasonable doubt.

You can raise a robust legal defense to your charge that may prevent the prosecutor from fully satisfying their very high burden of proof. If so, the court may dismiss your entire traffic case.

The legal defense or defenses we can raise in your case will depend on the specific traffic charge you face. In some traffic offense cases, we can argue that the police officer violated your Fourth Amendment right against unreasonable and unlawful searches and seizures, such as if they lacked the necessary reasonable suspicion or probable cause to pull your vehicle over in the first place.

If you’re facing a charge for running a red light or another similar traffic offense, we can find video footage showing you did not violate the law.

Finally, in a drunk driving case, such as a DUI case, we can find evidence showing that the Breathalyzer that the police officer used malfunctioned – or that the responding officer administered a field sobriety test incorrectly.

If applicable, we might also demonstrate that you suffered from a medical or balance condition that prevented you from passing a field sobriety test.

Our legal team will do everything possible to prepare and raise a strong legal defense at your criminal court proceeding and work to obtain a complete dismissal of your traffic case.

Negotiating with the State Prosecutor in Your Case

In some cases that involve traffic offenses, especially those involving misdemeanor or felony charges, we can secure a favorable plea deal from the state prosecutor on your behalf.

In a plea deal arrangement, the prosecutor might agree to a charge reduction, a period of probation, or some other concession in exchange for a guilty plea from the accused individual. For example, if the prosecutor offers the accused person probation, any conviction on their record might go away if they successfully complete all the required probationary terms.

In some cases, plea deals can be advantageous for the accused person. However, at other times, the accused individual might be better off raising a defense to their traffic charge at a criminal trial. Plea deals also come with several detriments, including an inability to appeal the case result and a jury trial waiver. Our legal team can work with the prosecutor handling your case to negotiate a plea deal that is favorable and advantageous to you. We can advise whether you should accept a pending plea deal, continue negotiating with the state prosecutor, or take your case to trial and raise a solid legal defense to the pending charge.

If you decide to accept a plea deal from the state prosecutor, you must attend a hearing before a judge. During that hearing, you will state on the record that no one coerced you into the plea deal and that you are entering into the plea deal freely, willingly, and voluntarily. The judge will then accept your plea deal on the record.