Understand Your Rights in Traffic Court

Traffic courts handle cases which involve vehicles and drivers. Each state has its own complex code of laws regarding driving, and the police may issue traffic tickets for a great number of reasons. When you receive a traffic ticket, it will tell you when you are to appear in traffic court and include the location and room number where traffic court will be held. Each state has its own rules, so specific questions should be directed to your local county courthouse or law enforcement agency.

Your Rights in Traffic Court

It is important to understand the law you violated so you can either agree that you violated the law or fight the ticket in traffic court. The statues you are accused of violating will be on the ticket given to you by the police. Go to your state government’s website and look up the code specified on the ticket. Make sure you understand it thoroughly.

You have the right to ask for a trial before a judge or jury. You may also ask for documents and notes relating to the ticket, or ask that the officer who wrote the ticket appear in traffic court on a specified date. If the officer does not appear, the case is dismissed.

You must be careful to ask for a trial by jury if your state allows for it, and you must ask that the officer be present in traffic court. The courts do not assume that these things will happen unless you ask for them. Read every document carefully before signing it because you may sign away your rights to discovery or a trial by jury if you are not careful.

Most of the time you will not need a lawyer in traffic court. You may certainly hire one if you choose to do so, but the court will not provide a lawyer to you for minor traffic offenses. The court may assign you a lawyer if you cannot afford to pay one if your offense is a gross misdemeanor or a felony. You have the right to ask for a lawyer in any type of trial.

Admitting Guilt and Paying the Fine

For many tickets, you may be able to simply pay the fine without having to appear in traffic court. Read the ticket carefully to be sure you are not required to appear. The ticket will tell you how to pay the fine either by mail or in person. If you do not understand something, call the court administrator or law enforcement.

However, if you disagree with the charges, you must appear in traffic court in order to plead your case to the judge. If you pay the ticket without appearing in traffic court, you admit your guilt without a hearing or trial.

Resources

While each state and local district has its own rules and regulations about traffic court, the State of California has some good general information about traffic tickets. Visit http://www.courtinfo.ca.gov/selfhelp/traffic/common.htm for more information.