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Tips on Whether You Should Fight Your Traffic Ticket or Not |
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When stopped by law enforcement and cited for a traffic violation there is a natural fear that you will have your insurance rates go up, take unnecessary time off of work to appear in court, pay high fines (even if you are allowed to attend traffic school) and a possible license suspension. |
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| Author: Cherie Brenner |
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Most drivers simply pay the ticket and face the consequences without really considering an alternative. Is there an alternative? Let us first review the possible consequences to the infraction conviction:
- Increase in insurance rates
- Loss of good drivers discount
- Points on your DMV driving record
- License suspension
- Fines in the hundreds of dollars
- Time taken to sit through traffic school, if eligible
The issues to consider are whether you are guilty or not, what is involved in contesting the ticket, the chances of success in getting a dismissal or lower fines, and other possible consequences.
You or an attorney should review the code section you were cited for violating to see if in fact you violated that law.
For example; a broken windshield, according to the California Vehicle Code, requires not only that the windshield is broken but that the broken glass impaired the drivers vision.
I don't know how many times I have had clients who have been arrested for driving under the influence, where the office's reason for the initial stop was a broken windshield. In almost every case the windshield did not impair the drivers vision. These law enforcement stops are great for getting cases dismissed on a motion for lack of probable cause for that stop.
Another issue is whether the officer will show up at trial. Guilty or not, it is something to consider.
If the officer doesn't show up, the case gets dismissed. However, be careful to find out first if the officer is present, before telling the court if you are really going forward with a trial. In a recent case, an Orange County commissioner, knowing the officer wasn't present, asked the driver, "So you want to plea guilty, right?' The driver really didn't want a trial but never inquired if the officer was present. He agreed to plea, only to find out later that the officer wasn't present and the case would have been dismissed. So be on your game if you plan on representing yourself.
Do you really need a lawyer? If you are facing a fairly minor infraction like a parking ticket, it might not be worth getting an attorney. However, when serious offenses are involved or if you are at risk of losing your drivers license, you should really consider hiring a lawyer to represent you. Besides having the skills and experience, the attorney can waive your appearance in most situations, unless you have been charged with a felony. Furthermore, a lot of the times when a judge sees that you have hired an attorney, he or she will take that into consideration when ordering fines if a plea is taken.
There are several ways an attorney can help you from simply giving advise to taking your case to trial. First, however, you must decide whether to fight your ticket or not. Only you can make that decision based on evaluating your driving record as well as your financial situation.
The above information is general legal information and is not to be taken as specific legal advise on any specific case. The Brenner Law Firm does give free consultations however there is no attorney-client relationship without a agreement between the parties in the form of a written retainer.
About Author
Cherie Brenner has been practicing criminal defense law for over twenty years. She has handled over a thousand cases from DUI to Capital Death. She has been certified through Harvard Law School's negotiation program and UC-Hastings Law School in trial advocacy. Ms. Brenner has a masters degree in psychology and teaches law at a local university. She is a published author and continues to inform and update the public on the law.
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