Your Rights in Traffic Court

Traffic court is designed to make sure that people obey the rules of the road, so that everybody can get home safely every night. Unfortunately, there will be infractions by accident, and even those that are on purpose. A driver will simply hope that he/she is not caught. However, if you have been stopped for some violation, whether purposeful or accidental, you may not agree with the officer that issues the ticket. If you decide to contest that little slip you have been handed, you need to know your rights in traffic court.

What Are They Talking About? Traffic Court Terminology

When you appear in traffic court, you may/may not hear a number of words that are unfamiliar, because they are not normally used in everyday conversation. Therefore, the first thing you need to do is familiarize yourself with the terms.

• Traffic Ticket/Summons: is a legal document demanding you pay the fine or appear in court. Failure to do so can lead to your arrest.
• Charge: is the reason the police officer gave you a ticket.
• Plead: is the affirmation of your guilt, or your claim to be innocent of the charges.
• Plead Guilty: means you agree with the charges.
• Plead Not Guilty/Innocent: You deny the charges for which you are in court.
• Defendant: The person who has been charged with a violation.
• Continuance: is when the judge asks everyone to come back to court on a date in the future to go to trial.
• Subpoena: is the notice that you must appear in court.
• Prosecutor: is the lawyer that works for the city, county, or state in traffic court.
• Court Costs: is what it costs the court to do business.
• Testify: to tell the court, under oath, your side of the events.
• Witness: is the person who testifies in court.
• Appeal: if you do not agree with the judge’s decision, you can ask to be heard by a higher court.

Your Day in Court

When you get to court, you need to find out if you are on the docket, or schedule, for that day. If so, you will need to sit down and wait for your name to be called. You may be first on the list, or you may have to be there until many other cases are addressed first. When the judge calls your name, you will be asked to stand before him/her. If you have been charged with a violation, the judge will read it at that time. You will be asked whether you plead guilty or innocent. If you plead guilty, your fine or other punishment will be announced. If you say you are not guilty, because you do not agree with the charges, the judge may set a different date to go to trial, if there is a good reason.

Going to Trial

It may be in your best interests to hire a lawyer, if you plan to go to trial. In addition, if you know that witnesses saw what happened, you can have them subpoenaed to appear. The prosecutor will also provide witnesses in an effort to prove your guilt. Many people try to represent themselves, but it is not advisable.

Penalty

If you are found guilty in traffic court, the next step is to sentence you to a punishment. In the penalty phase, the judge has four options:

• Fine
• Jail time
• Both
• A learning, or alternative sentencing medium

A judge can chose to send you to traffic school. If your infraction was due to alcohol or drugs, he/she can make you go to some sort of treatment program. You might also have to do some community service. Of course, if you do not agree with the judge’s decision, you have the right to appeal it, before a higher court.

Remember Your Traffic Court Rights

• You have the right to prepare, if your case is going to trial.
• You have the right to lawyer, whether you can afford one or not.
• Ask witnesses to be subpoenaed to appear.
• Ask for a jury trial, if the law allows.
• Speak up in court, or choose to remain silent

Therefore, if you receive a ticket for some traffic violation, you have the right to take it before a judge.

You also have the right to hire a lawyer and compel witnesses to appear to speak for you. You also have the right to ask for a trial with a higher court, if you feel like the judge did not give you a fair chance.

• The content of this article is provided for informational purposes only. If you need help with a traffic violation, click here to talk to Mark Hagen or a Traffic Attorney serving your area.