Getting Out of A Traffic Ticket?

Question

I got my first traffic ticket today for turning right on red. I never saw the sign but I know that excuse doesn't matter. I am going to go to court because the traffic ticket price is about three weeks of groceries for me and I just can't afford it.

So, my question is what am I supposed to say when I go to court? I was going to plead guilty but ask for a lighter fine. If the cop doesn't show up do I still plead guilty or will they not even question me and throw it out? I don't know how it works. If anyone does please let me know.

Answer 1

Where do you live? I had the same thing happen to me in PA 2 years ago, and told the court I was a single broke mother. The judge said the best he could do was split the $300 fine into 2 payments, 1 due immediately, and one due in 21 days. He said either pay or go to jail for 30 days. It was the only ticket I ever got, and the court had zero leniancy.

Answer 2

OK, the cop will not be there at this first hearing. All this is for is for you to plead guilty or not guilty. (You can also plead "no contest", which has the same legal effect as guilty. The *only* reason that anyone would plead no contest is if they are expecting a civil trial to follow a traffic ticket - say if they hit another car and that driver is suing them - because a "no contest" plea can't be held against you in the civil suit, but a "guilty" plea can)

If you plead guilty, the judge will sentence you to a fine - usually less than the amount on the ticket.

If you plead 'not-guilty' he'll set a court date.

When you return for that date the actual trial will be held. If the cop does not show up then generally the judge will set a new date. If he doesn't show up for that date then the judge "may" set a third date, or he may dismiss the ticket. If he sets a third date and the cop doesn't show, the ticket will be dismissed in 99% of cases.

If you're convicted at trial expect the fine to be the maximum the judge is allowed to impose. They 'really' want to enourage people to just pay the ticket and not go to trial.

Richard

Answer 3

You admitted here that you did the dirty deed. You should plead guilty and throw yourself on the mercy of the Court. You should have known the risk of the fine (even tho you didn't see the sign), and compensated for it.

Your only possible defense is if the "no turn on red" sign has been covered up by foliage that should have been removed, or something like that.

When the judge enters the fine order, ask him/her to allow you to make payments over time. Most municipal courts now take charge cards--you can do that and make payments on the card.

** Note: This answer has not created an attorney-client relationship. This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 4

Well if it works the way it does in most of the traffic courts that I have been in, then go early and they will ask everyone to come up to the prosecutor. I would tell them that you are very low on money and give them your sob story. Then they will want you to state your case and will probably just reduce the ticket. They will have you plead guilty to the lesser charge. Then you go out to the fine window and you can set up a payment plan.

Answer 5

Each city will work differently. In our city, if the cop does not show up, everything is thrown-out right there. If he does show up, you should plead guilty. Explain to them that you don't have that much money right now and you would be surprised on what they are able to do. Remember: Presentation is EVERYTHING. Just respect everyone, as that is their job and explain your situation to them. Keep your fingers crossed and hope for the best. I hope everything works out for ya!

Answer 6

Plead guilty. Most courts do not make you pay the fine in full if you cannot afford it. Ask them to set up a weekly or monthly pay plan, they are very lenient about that sort of thing.

Answer 7

Never plead guilty! If you are not going to plead innocence then You plead NO CONTEST. If this is your very first citation you can request the judge give you deferred adjudication which means as long as you don't get any more citations I think within 90 day then your ticket will be dismissed. Good Luck!

Love
Abi

Answer 8

If the cop does not show up, than you win by default, if you plead innocent. If you plead innocent and he does show up, youll probably lose. If you plead guilty, they usually will not give you a lighter sentance.

You can plead guilty and try for a lighter sentance. Your best defense is that you arnt familiar with the area and were trying to find your way somewhere. If your from the area or been there awhile, good luck.

Answer 9

Strategy - Access the public records provisions to obtain necessary documentation to help you prepare your defense. You can either go to your local library or a Law library. Look at the different case laws that relate to your specific violation and copy down the references that support your potential defense.

You must presume that you are going to prosecute your own case, and so write down any laws that you would use.

RETURN TO THE SCENE WHERE YOU GOT YOUR TICKET
Returning to the area where you got your ticket can have a variety of benefits. You may remember some additional details that you forgot to write down on the day the citation was issued.

It will also provide the opportunity to look at the situation in more depth. If you discover some factors at the scene which may sway the decision of the court, you’ll need to prepare documentation to prove them at the trial.


If you find that the judge is overruling any defense objections, you might want to file for a continuance immediately.

The lack of a prosecution witness. This is your best chance for a mistrial. If there’s no police officer, then there’s no witness and you cannot be guilty.

As soon as the officer begins to testify, he will likely read from his copy of the citation. You need to immediately object to this since the officer is required to testify from “independent recollection.” You also need to ask to see what it is the officer is reading even if you received the officer’s copy of the citation through subpoena.

Motion for a dismissal since the 6th Amendment to the Constitution guarantees you the right to be confronted with the witnesses against you. The officer and his testimony, not the citation, are the witnesses against you. If the officer has no independent recollection he is considered incompetent to testify. You need to establish that the officer is unable to testify without his notes to paint him as an incompetent witness.

Did the officer always have a clear and unobstructed view of the defendant’s vehicle from the time of first contact until the defendant stopped?

How far was the officer’s vehicle from the defendant’s vehicle at first contact?

What where the traffic conditions during the entire pursuit time?

What lane was the defendant’s vehicle in during first contact?

Know the reasons when you can ask Judge to dismiss the case -
Motion to Dismiss due to denied access to evidence necessary to your defense.
This would also be used at the beginning of the trial if your subpoena was ignored by the prosecution. The likely event in this case is the judge will delay the trial and order the prosecution to provide you with the requested information. Keep in mind that you don’t want to waive your right to a speedy trial but you might have to weigh that decision against getting your subpoenaed information. Chances are the judge won’t let the speedy trial clause slip by.

Motion to Dismiss due to insufficient evidence.
This will occur immediately after the prosecution rests their case. This motion only applies if the prosecution failed to prove all of the required elements of the vehicle code you are charged with violating. This is why you keep a checklist of all the points that the prosecution needs to prove during the trial. The list will come in handy when you explain to the judge that the prosecution never identified you as the driver, never established what road you were on, etc.

Motion to Dismiss due to incompetent witness.
This is the culmination of all of the officer’s “I don’t recall” answers during your cross examination. Again, this is solely up to the judge. He is not likely to rule against the officer unless he has been shown that the officer really doesn’t have a clue as to what actually happen on the day in question. This is why an extensive cross examination is necessary.

Motion to Dismiss due to inadequate procedures.
This would be an instance where the officer committed some sort of procedural error. A good example might be calibrating the radar unit at the start and end of the shift. Use the case law to back up your claim of inadequate procedures.

Motion to Dismiss due to insufficient evidence, specifically a missing officer.
This is when you have a case that involved two police officers. For instance, one officer ran the radar gun while the other officer pursued the suspect and wrote the citation. Both officers need to be present since one can not testify on the behalf of the other officer. This motion would also apply if the single officer involved is not present. You usually won’t have to make a motion if the primary officer is missing. Typically, the prosecution will drop the case since he knows he has no chance without the officer present.

Your best evidence to present at trial about the scene would be a large diagram that documents every relevant fact.

Try to include the following: All the roads including the markings on them and their widths; all traffic signals that includes signs or lights; the location of your vehicle and the officer’s vehicle at the moment you were pulled over. Also detail the locations after you stopped. Note down any structures in the area like walls, buildings, fences, etc. Note any foliage, shrubs, hedges, trees, as well as any structures around the area such as billboards, advertising banners, street signs, and anything that has the potential to distract a driver. Put down any power line antennas or such like. It might be important for you to take some pictures from the driver’s viewpoint in order to highlight any obstructing signage which may have caused you to miss seeing a speed sign.

The size of your diagram should be the size that would be easily viewed by anyone in the courtroom. Keep it at a minimum of 8 x 10. Just bring these reference materials to court if they will have a direct bearing on your case. If what you have described on the diagram is basically what is described in your citation, it won’t be necessary to bring it up because it will only be helping the prosecutor with their case. If it does reveal some type of serious contributing factor, don’t show the items until the trial when you introduce them as evidence for the defense.

CHECK OUT THE COURTROOM AHEAD OF TIME

If you have time, spend a few hours in traffic court to get a general ‘lay of the land’. Often the judge will be the same person that does your case, but the prosecutor may well be different.

Pay attention during your visit to the way the judge addresses the defense, motions or objections.

You might even be lucky enough to see another citizen try to defend their own case, and see how he fares going down the paths of justice. Has he prepared as well as you have in your case?

And, if he makes any mistakes, what can you learn from them? If you’re lucky there will also be a defense attorney there and you could be able to learn from his methods.

Study the relationships between the assistant district attorney, who is the prosecutor, and the testifying officer. Usually this will indicate how comfortable they are working together, and also the amount of detail they require during a normal proceeding.

Remember that 95% of all traffic violations are paid without question. This will give you some kind of expectation as to what you can look forward to before you have your turn in court.

Finally, if you find that the judge is overruling any defense objections, you might want to file for a continuance immediately.

It can only help your cause if you transfer to another court, if it seems that you are going to appear before a judge who will benefit to your case.

Prosecution doesn’t prove the case against you. You should be familiar with all the specifications of the code that you are charged with violating. If the prosecuting attorney doesn’t prove every single item in the section of code, you should file a motion of dismissal and it is likely that you will win.

If there are technicalities, for example the officer being out of his jurisdictional area, citing the wrong code, or writing the address incorrectly on the ticket. They are worth trying but don’t expect them to get you a dismissal unless over a jurisdictional issue. If you plan to use this as your sole form of defense, you could be caught unaware when the judge overrules on your motion to dismiss, simply because of a simple error.

The next item could be a factual error on the ticket, whereby you were not the driver, or you were not driving at an unsafe speed, the calibration of the unit was inaccurate, or it wasn’t your vehicle that was targeted by the radar. You will need specific evidence, such as the unit not being calibrated, or you’ll have to prove a procedural error on the part of the police officer. Ensure that you keep a checklist handy of everything that you want to cover during your time in court. If the officer shows up for the trial, don’t fret, just move onto your next defense level. If the prosecutor has covered all of his bases, move onto the next level after that. All that you can hope for is the best job that you can possibly do in your own defense.

Arrange an alternative plan for every possible circumstance. Being prepared will give you the best possible advantage. Be prepared to change your tactics at any time and have a good knowledge of your case.