8 top traffic-ticket myths

By Bankrate.com

Drivers of red cars get more tickets. If you don't sign a ticket, the case will be dropped.

If the officer gets your hair color wrong on the ticket, you'll win.

Such stories relating to traffic tickets abound, but drivers and defendants will find that few of them are true.

The best advice is to simply to obey the law, know that rules and procedures vary from jurisdiction to jurisdiction, and not count on urban myths when you hope to escape a ticket -- or its consequences.

Myth No. 1

If the officer makes a single mistake on your ticket, the case will be dropped.

A ticket should be seen as an accusatory instrument and a basis for prosecution that must be factually valid, says Matisyahu Wolfberg, an attorney and former police officer from Spring Valley, N.Y., who represents defendants in traffic cases.

Clerical mistakes, such as a wrong number or wrong order of a person's name, are usually overlooked. Material mistakes, like the identity of the driver, the direction of travel, the street where the citation occurred or the description of the vehicle, can usually help a driver win the case.

• Talk back: Have you ever considered fighting a traffic ticket?

"Any mistakes that involve who, where and how usually can be used to beat the case in a trial. If the description of the vehicle is inaccurate, the officer will usually lose," says Wolfberg.

He recalls one recent case in which the officer cited a white Mercedes when the defendant was actually driving a black Porsche.

Myth No. 2

If the officer doesn't show up in court, you automatically win.

Though this may happen in many cases, there's nothing automatic about it. Most judges will drop a case if the officer does not appear in court because defendants have a constitutional right to question their accusers.

However, in some jurisdictions, a case is scheduled at a time to help ensure the officer is present, or a judge will reschedule the case altogether. Wolfberg says that in most cases an officer not showing up will result in a dismissal, but there is no guarantee.

"It all depends on the jurisdiction, the court, the judge, the law," says Wolfberg. "Most judges feel the pain of people taking time off work and out of their lives to come to court and will dismiss if the officer doesn't show."

Myth No. 3

Red cars get more tickets.

Forum posters on Color Matters, a Web site that focuses on color theory and everything that color affects, claim drivers of red cars get more tickets.

There are no official studies to confirm that red cars do get more tickets, but some suggest the bold color tends to attract more attention from everyone, including police officers. There is also a theory that red cars can create an optical illusion that makes them appear to be going faster than they really are.

One myth says that insurance companies charge higher premiums for red cars. Allstate and Progressive say that a car's color has no bearing on the premiums they charge.

Myth No. 4

You need a lawyer to beat a ticket.

You might expect most traffic-ticket attorneys to say you can't beat your own ticket. With a little time and homework, however, many people successfully fight their own traffic tickets. At the very least, first-time offenders for minor offenses can usually strike a plea bargain in most jurisdictions.

An attorney's fee will often outweigh the fines and impact of a first violation, but in states such as Texas and Florida, some law firms have entire practices dedicated to fighting tickets and can often do so at reasonable rates.

Continued: You can't hide

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