Never interrupt the judge, insult the officers or show disdain for the law. This should be a no-brainer, but emotions can be high when fighting costly tickets, but they must be kept in check. Being cordial is the way to go. People are more likely to help you out and give you leniency if you are likable. That said, avoid being the class clown because no one has time for disruptions. Traffic court is a long day with people lined up to go before the judge.
Showing up early can help you get a seat closer to the front so that your case gets heard sooner rather than later in the day. Plus, if the courtroom doors close, you may be turned away. Opting for court instead of paying a ticket does not mean you can change your mind.
Wages can be garnished. Court time can be fined to you in addition to your ticket. And, your license can be suspended. In traffic court, it annoys everyone - the judge, the officers and the other defendants. The high volume of people that appear before a judge in a busy traffic court is overwhelming.
When your name is called, you will be asked to step forward to face charges. Non-jury trials are often called "bench trials. But here are some of the basics of what happens at traffic bench trials.
Although minor traffic infractions are technically considered crimes in most states, they usually aren't handled in criminal courtrooms. Criminal courts are typically reserved for more serious misdemeanor and felony offenses that can lead to jail time.
Only the most serious driving-related offenses like driving under the influence DUI , reckless driving , and vehicular homicide go to criminal court. Drivers who receive tickets for violating less serious traffic laws will go to traffic court. Traffic courts are somewhat less formal than other courtrooms. In traffic court, there's generally no right to a court-appointed attorney. So, unlike in criminal court, you'll see lots of people without legal counsel representing themselves.
Also, the stakes in traffic court are lower than they are in criminal court—typically, the worst thing that can happen in traffic court is the driver is found guilty and must pay a fine. These—and perhaps other—factors contribute to a less intimidating and less rigid atmosphere than what you mind find in other types of courtrooms.
On any given day in traffic court, there are usually quite a few cases scheduled for trial. Typically, how it works is the clerk calls each case, and the driver and officer who issued the ticket come up to the front.
If the driver is present but the officer isn't, the driver essentially wins the trial and the judge dismisses the ticket. But if both parties are there, the trial will begin. Connecting …. Are You a Lawyer? Grow Your Practice.
Will the Judge Give a Verdict? Jose Rivera Managing Editor Editor. Last Updated: Jun 26, Choose Your Legal Category: Family. Criminal Defense. Real Estate. Child Support. Other Legal Categories. X 1 Enter Zip Code or City this may not be the same place you live. Drug Crimes. Speeding and Moving Violations. White Collar Crime. So while traffic court extends beyond just speeding tickets, it only hears infractions, which are the violations you receive as a ticket, or citation.
Infractions are punished by the payment of fines and do not come with any sort of potential jail time or imprisonment. Infractions, which fall well below misdemeanors on the the legal scale, occur when you violate vehicle codes or local ordinances like building or house codes, littering or disturbing the peace. Outside of the more common infractions, other examples of minor traffic violations include:. In most cases, the answer is that you won't. Paying the fine for your ticket is an admission of guilt, while traffic court should only be a solution if you feel that you are truly not guilty on a solid legal basis.
Remember, traffic court is not a place that you go because you don't like the fact that you've been hit with a ticket. As in any other court, you must have a valid legal defense if you're not in the business of wasting your time or the court's time.
If you genuinely did not violate the exact wording of the law, you might have reason to appear. Other valid reasons to contest your infraction include; the issuing officer stopped the wrong vehicle; the issuing officer's view was obstructed; there was a provable error in the officer's methodology; or you were going only a few miles over the speed limit — in the twenty or so states with traffic laws that say it's legal to drive slightly over the speed limit, provided you can prove that driving conditions made it a safe choice.
Before you decide to take your ticket to court, remember that many of the common reasons traffic offenders offer in their defense are not really legal defenses at all. Ignorance of the law is not a legal defense, nor is claiming that your actions didn't hurt anyone. Likewise, telling the judge that other people were speeding or otherwise violating traffic laws, but you were the only one who got a ticket will not hold up in court. This argument, known as the selective enforcement defense, has no legal value because you've still violated the law.
You're not immune to the law just because other people also violate the traffic codes. Once you get into criminal territory, you're outside of the realm of traffic court. While traffic court is equipped to handle infractions, it does not hear felonies or even misdemeanors.
Any crime that carries potential jail or prison time will not be handled by a traffic court. When you've decided to take your traffic issue to court, you can most often find instructions on where your local traffic court is located and when you should appear printed right on your citation. To show up for your first date, or arraignment, you often don't need an appointment, but do be prepared to wait — it is a courthouse, after all.
After the clerk or bailiff presents a brief explanation of how the courtroom will operate, the judge takes the bench.
Usually, the judge starts calling the names of people who have appeared for their traffic violation arraignments from a list in alphabetical order. Once it's your turn to face the judge and state your plea, you have the option to plead guilty, no contest or not guilty. Of course, the latter reason is why you've come to traffic court in the first place.
Pleading not guilty sets you up for day two in traffic court. After hearing your plea, the judge will set a date for your traffic court trial and will subpoena the officer who issued your citation to appear in court at that time. If you decide to plead not guilty at the arraignment, the judge may require you to post bail, in an amount that's not usually more than the fine for your ticket.
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