It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:
" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.
The prosecution will have to prove each element of the infraction.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Nebraska Motion to Dismiss Traffic Citation is a legal procedure that allows individuals to challenge and request the dismissal of a traffic citation issued in the state of Nebraska. When a person receives a traffic ticket, they have the option to contest it in court by filing a Motion to Dismiss. This motion seeks to present valid arguments or evidence that can convince the judge to dismiss the citation. There are different types of Nebraska Motion to Dismiss Traffic Citations, each addressing specific grounds for dismissal. Some common categories include: 1. Lack of Probable Cause: This type of motion focuses on proving that the law enforcement officer who issued the citation lacked reasonable suspicion or probable cause to pull over the defendant's vehicle. It may involve challenging the accuracy of radar or speed measuring devices, questioning the credibility of witnesses, or highlighting any procedural errors committed during the stop. 2. Mistaken Identity: This motion is applicable when the accused asserts that they were incorrectly identified as the violator. It may involve presenting evidence, such as alibi witnesses, GPS data, or surveillance footage that proves the defendant's absence at the time of the violation. 3. Faulty Equipment: If the citation is based on equipment violations, such as malfunctioning brake lights or inaccurate speedometer readings, the defendant can file a motion to dismiss by demonstrating that the equipment was faulty due to factors beyond their control. 4. Defective or Inaccurate Ticket: This motion challenges the citation's validity by identifying errors, inconsistencies, or omissions on the ticket itself. It may include incorrect dates, misspelled names, wrong vehicle information, or incorrect violation codes. 5. Constitutional Violations: Sometimes, a motion to dismiss traffic citation in Nebraska is filed based on constitutional grounds, such as a violation of the defendant's Fourth Amendment rights against unreasonable searches and seizures. If the traffic stop was conducted without a lawful reason or involved illegal search and seizure, the motion can argue that the evidence obtained should be suppressed, leading to dismissal. When filing a Nebraska Motion to Dismiss Traffic Citation, it is essential to follow specific procedures and deadlines set by the court. It is advisable to seek legal counsel from an experienced traffic attorney who can assist in building a strong case and navigating the legal complexities. Remember, while a Motion to Dismiss Traffic Citation provides an opportunity to challenge and avoid penalties associated with traffic violations, success is dependent on the strength of the arguments presented and the evidence provided.
