Every jurisdiction has several traffic court attorneys who spend nearly all their time in traffic court. Most of us would go crazy doing such repetitive work, but these attorneys have refined the practice into a science and usually obtain better results at lower prices than attorneys who appear in traffic court only occasionally.
traffic court attorneys
Sometimes they process cases without ever speaking directly to the client. A secretary may take the information regarding the offense, ask for payment of a fixed fee (usually surprisingly low if the violation does not involve repeated offenses, alcohol, drugs, or other complications), and tell you to wait until someone from the law office calls you. The rules vary from jurisdiction to jurisdiction, but often the next thing you will receive is a phone call from the secretary or a letter from the attorney informing you that your case has been postponed. One of several strategies that these attorneys use is to repeatedly obtain postponements until the witness (usually a police officer) fails to show up to testify, and then the attorney asks fora dismissal. In many jurisdictions, the defendant has a right to one postponement without a reason. Some traffic court attorneys develop such good rapport with court personnel and the judge, however, that they can obtain a string of postponements, and the prosecution's witness is then burdened with appearing at a number of hearings. The first time the witness is absent, the attorney requests a dismissal. Most police officers faithfully attend each time, but sooner or later another duty will conflict with the hearing date, and they will fail to appear. They know the case will be dismissed, but in reality, most officers don't care all that much about hammering minor offenders, unless at the time of the arrest you did or said something to draw attention to yourself. Many police officers and traffic court judges consider the attorney's fee to be part of the punishment, so the dismissal of a minor offense is of little concern to them.
traffic court attorneys
Another option open to you is to represent yourself at the proceeding. If you are a first-time offender; no alcohol, drugs, or injuries are involved; and your driver's license is not threatened in any way, self-representation may not be too risky. You will appear before the judge, the prosecution will present its version of the facts, you will have an opportunity to state your position, and you will probably be found guilty. Sometimes, though, the judge will reduce the fine, in many instances substantially, just because you showed interest in your case. But if you need to beat a conviction in order to maintain your current level of insurance premiums or as part of a strategy to avoid other legal consequences, representing yourself is a terrible idea. Under such circumstances, you need a attorney. Whether or not you hire a attorney, your options in traffic court are the following:
- Pay the fine. This involves a conviction.
- Plead guilty at arraignment. The penalty is imposed at that time.
- Plead not guilty at arraignment. A trial date is set. You may be required to post bail in the amount of the potential fine.
- Plead guilty at trial. The penalty is imposed at that time.
- Plead nolo contendere. This is a plea of no contest to the charges. The conviction cannot be used later in a civil lawsuit to show an admission of guilt. A plea of nolo contenders is the same as a guilty plea, however, for purposes of your driving record.
- Plead not guilty and contest the allegations at trial.
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