Arguably the most valuable traffic court guidance or tip anyone can provide is do not represent yourself.
General Traffic Court Guidance and Tips
If you absolutely must represent yourself in traffic court, keep these things in mind:
- Be on time.
- Be respectful. It is still proper to address the judge as “your honor.”
- Be prepared. The judge will expect you to come dressed for court and have your points written or memorized.
- Know the law. Google it. If it says, “reasonable and prudent,” use it in your statement if true: “I didn’t look down at my speedometer, but I thought my speed was ‘reasonable and prudent’ given the weather and road conditions. Therefore, I think my ticket should be dismissed.”
- Have witnesses present. There won’t be any recess or break to get a witness or evidence.
- Use a diagram and pictures that support your case.
- Do not admit guilt. Some think they can depend on mercy from the judge. That is not their job and is rarely the case. Remember that if you take the stand to testify for yourself, you are waiving your Fifth Amendment right to be silent. This also means that you are subject to cross examination. Do not start to testify unless you have thought through all of the long term implications of testifying.
However, oftentimes the best thing you can do for your family’s finances is to hire a traffic attorney. Particularly if you are a Class A driver or drive for a living.
Why do you think lawyers spend all those years in school? Moreover, a traffic attorney spends most of their day in traffic court listening to cases much like yours and know, in most cases, how the judge will rule.
They know when to ask for a dismissal or reduced no-point conviction.
If the state has a strong case, asking the judge to allow you to pay a fine with no points, much like a parking ticket, might be prudent. They hear these judges rule almost daily and know when and how much they should ask your fine to be.
A no-point conviction could save you thousands of dollars over the three years you would lose your good driver’s discount.
When you hire a traffic attorney to appear for you and represent you in traffic court, there is no chance of self-incrimination. Many drivers, while explaining to the judge what happened, admit guilt.
Have you ever heard any of these excuses:
- “Yes, I was going 75 mph, but I thought it was OK to do five mph over the speed limit.”
- “I might have been driving a little over the speed limit, but I was only staying with traffic.”
- “Everyone else was doing 80 or 85 mph just like me, why weren’t they stopped?”
- “That wasn’t me driving when we went through the red-light, that was my wife.” Do you have separate auto insurance?
There are many more, but I’m sure you get the point. You either incriminate yourself or someone in your family who shares your insurance. The result is the same.
When a traffic attorney represents you in court about that camera-enforced red-light ticket, they can insist that the there is not enough proof that you were driving if the picture, or your drivers license photo, are not clear photos of you.
Plus, you only have five or ten minutes to present your case. You can’t just ask for a postponement if you get stage fright or flustered.
Even lawyers in other areas of law hire traffic attorneys to resolve their traffic tickets. It just makes sense because they are familiar with the procedures, and it is cheaper than you think.
Most traffic attorneys use a flat fee to resolve your ticket. Regardless of how often they must go to court to resolve your ticket, the price does not increase.
Although it might be more than the fine, it is cheaper than losing your “good driver’s discount of 20%” and the increased auto insurance premium, which could be around $1,500 if you must carry full coverage and pay the average premium.
Contact Bigger & Harman for Traffic Court Guidance and Tips or for a Traffic Ticket Consultation
When you dispute a ticket in traffic court, you need legal assistance. Contact the Bigger & Harman, APC, who frequently defend traffic tickets in Fresno County Courthouse. Give us a call at (661) 349-9300. Se habla Español (661) 349-9755.
Use the contact form to schedule a consultation, or email us at attorney@biggerharmanlaw.com.
References:
The Bankrate.com article, Average cost of car insurance in CA for 2023.