Traffic Ticket

In the United States, most traffic violations are civil infractions, although multiple prior offenses or egregious offenses may mean the violation is the more serious charge of a misdemeanor or even the most serious, a felony. Each state's Department of Motor Vehicles maintains a database of motorists, including their convicted traffic violations. Upon being ticketed, a motorist is given the option to mail in to the local court -- the court for the town or city in which the violation took place -- a plea of guilty or not guilty within a certain time frame (usually ten days, although courts generally provide leniency in this regard).


FIGHTING A TRAFFIC TICKET

SEE THE MOST POPULAR WLD ARTICLE ABOUT TRAFFIC TICKETS BELOW

Are you one of the approximately 35 million people who receive a traffic ticket each year?

Of the 5% that are actually contested, one half are dismissed. The remaining half usually enjoyed reduced fines or other plea bargain arrangements that were less than the original mail in fine amount. Since you are reading this you may be one of the small and silent minority who successfully fights a ticket each year.

Unless you get a contempt of court charge for some outrageous behavior, your fine will be exactly what you would have mailed in originally. You will only be out your time invested. Remember, it’s not just the fine but also the increased insurance premiums you’re trying to save with your time investment.

A recent study by an attorney specializing in traffic tickets showed that 60% of his contested cases were won. Of that amount, over 40% were won by lack of prosecution - No Officer = Not Guilty. An additional 25% were won through the inability to prove the charges.

As you can see, just by going to court and contesting your ticket, the odds are swinging in your favor.

It is important to remember that traffic laws and codes differ from state to state and are constantly changing. You must do your homework to insure that you are current in all matters relevant to your particular situation. In addition, the information in this Guide is intended as basic strategies and tactics. Consider this Guide as your game plan, but you still need to get in there and pitch. This Guide is NOT LEGAL ADVICE.

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NYC DMV ADJUDICATION BOARD IS NOT UNBEATABLE

So Fighting a speeding ticket , which is otherwise a terrific article, says, for NYC, "If you receive a citation in these cities you are essentially doomed." I just was in the North Queens Adjudication Board and it didn't look anywhere as gloomy as described:

1. I observed about 30 cases presented before two judges. I didn't count, but about half of the cases were dismissed because the officers did not show up.
2. Several people asked for and got continuations, except for one who asked for his fourth one ("my witness broke his arm!") and was told he can have it, but only if he surrenders his license until the next hearing. One woman claimed she had no ID on her person, not even a credit card, and her case was rescheduled just for that reason. (from what I've read, one rescheduling can be granted at no specific reason at all, as long as it's mailed in 10 days prior the hearing or requested on the phone/in person 1 day prior, subsequent ones require a significant reason)
3. You have the right for an attorney and the right for a translator. Lack of attorney is acceptable grounds for the first continuation, and probably lack of the translator too, I just didn't see that executed.

I saw two cases where police officers lost:

one, a stop sign violation. The defense attorney looked at the officer's records and noted that the book was labeled November, while the incident was in October. The officer repeated that he made the record immediately after the traffic stop, but just before that he had said (answering the lawyer's question) that he must rely on his records. The judge dismissed the case and told the police officer to keep his dates in order.

two, a cell phone violation. Defendant (no attorney) said he was stopped on the red light when he got the phone call, he spoke on the phone and was going to park as soon as it is safe. The judge asked the officer what was the motorist doing at the time the violation was first observed and the officer confirmed he was stopped at the red light. The judge dismissed the case immediately saying 'the law clearly states the vehicle must be in motion'.

And, for reference, the procedure at these boards:

1. Motorist, lawyer if any, and the police officer are called to the stand. You stand right next to each other, shoulder to shoulder, and can see each other's notes. Keep your notes closed!
2. The officer makes his statement. All officers I saw, no exception, read it off their records. Many cases have been postponed several times and were well over a year old. They obviously did not remember any details.
3. The defendant (or his lawyer) asks the officer any questions he wants. This is the time where you ask him to hand over the records and examine them quietly (this is where the lawyer in the case above spotted incorrect date on the cover and made the motion to dismiss)
4. The defendant testifies, although this is optional, since then (and only then) he would be under oath and the judge might ask something tricky. This is the time to bring up photos and maps and call the witnesses.

And yeah, my case was one of the lucky ones dismissed because the officer didn't show up.

by Cubbi (cubbi At cubbi dot com)


EXTERNAL LINKS

Traffic Tickets - NOLO Resource Center

Traffic Tickets - DMV Traffic Violation Guide - DMV.ORG

California Traffic Tickets - CA DMV Traffic Violation Guide - DMV.ORG

Superior Court of California - County of Los Angeles - Traffic Court

City of Santa Barbara - Police - Traffic Tickets

NYS DMV - Frequently Asked Questions

NYS DMV - Traffic Ticket Pleas and Payments

Florida Suspensions and Revocations - Answers to FAQ's

Utah State Courts - Traffic Matters

Municipal Court of Seattle - Ticket Payment

Iowa Courts Online - EPayment Search

City of Austin - Municipal Court - Resolving Traffic Tickets

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Stop government traffic cops from taking your money!

Great advice...

How we beat a Georgia speeding in school zone ticket

I just wanted to mention that your article on "Fighting A Speeding Ticket" by PayNoFines was EXCELLENT! No stone was left unturned ..... it was straightforward and straight to the point. After reading this entire article, I am now actually looking forward to my speeding ticket case tomorrow. (Well... OK .... not really)Thanks so much for all of the pertinent information ..... it was MORE than helpful. Best article on fighting a speeding ticket on the internet ..... good stuff!

Regards,

Kelly

Ontario, Canada

[annjd]

Thank you for the helpful information on Speeding Tickets