Getting a traffic ticket isn’t the end of the world. But dealing with a citation is a hassle, and if you’re ultimately found guilty of a moving violation, there can be long-lasting financial consequences.
Generally, the procedures for minor traffic offenses—which are usually classified as “infractions” or “civil offenses”—differ from those for more serious vehicle-related crimes. For example, a trial for speeding would look much different than one for driving under the influence of alcohol or drugs. Here you’ll find the basics on contesting—including deciding whether to contest—a minor traffic violation.
Deciding Whether to Fight a Ticket
If an officer cites you for a moving violation, you’ll first need to decide whether you want to go to court or just pay the ticket and move on.
(Some states also give drivers the option of fighting a ticket in writing. For instance, California has a procedure called “trial by written declaration.”)
Paying a Ticket Without Going to Traffic Court
In most states, you can avoid having to go to court for a moving violation by paying a citation within a certain period of time, usually 21 or 30 days. Typically, you can pay by mail, over the Internet, or in person at the courthouse.
Though paying a ticket without going to court is a quick and easy way of dealing with the situation, it has some drawbacks: You’ll be admitting guilt for the violation and paying the maximum fine.
Coming to Traffic Court to Admit a Violation
If you go to court, on the other hand, you’ve got a chance of getting the judge to reduce your fine or beating the ticket. But the court option doesn’t appeal to many drivers because it means investing time and energy, and possibly missing work or school.
(If you want to but can’t go to court, hiring an attorney to handle your case is another option. Indeed, some lawyers specialize in traffic tickets. With an experienced attorney, you might have a better chance of beating the violation.)
Arraignment: First Day in Traffic Court
If you decide to handle your ticket in court, you should check your citation for instructions on where and when to go. (Even if you decide not to fight your ticket, read your ticket and any other paperwork closely.) The first day in court is usually called an “arraignment.” At the arraignment, drivers typically have two options:
- Admit to the traffic violation. You admit guilt by pleading guilty or “no contest” to the offense. Though you aren’t required to explain why you broke the law, many judges will give you a short amount of time to do so. (Whether providing an excuse while admitting your violation is a good idea depends on the circumstances of your case.)
- Plead “not guilty.” If you plead not guilty, the judge will typically set another court date for your trial.
Many judges will reduce the fine for people who plead guilty at arraignment. However, some states prohibit judges from giving the driver a break in this way. And even in states where judges are allowed to lower fines, they might not be able to for certain offenses.
Judges in some states can require drivers who plead not guilty to post bail. Judges often set the bail at the amount of the fine for the traffic violation. The purpose of bail is to ensure that the motorist comes back to court. If you win at trial, the court will refund your bail. However, if you lose at trial, your bail will normally be forfeited and go toward paying your fine. And if you don’t show up for a trial, you’ll typically forfeit your bail, and the judge might find you guilty in absentia (without you being present in court) or issue a warrant for your arrest.
Benefits of Pleading Not Guilty
When you plead not guilty to a traffic offense, it gives you a few possibilities to beat the ticket.
Winning a Traffic Court Trial
If you win at the trial—which is, of course, easier said than done in most cases—the judge will dismiss your ticket.
When the Officer Doesn't Show Up in Court
In most cases, if you request a trial and you show up but the officer doesn’t, the judge will dismiss your ticket—meaning you win. Many motorists plead not guilty with the hope that the officer won’t come to trial. However, this strategy can be risky: Judges are usually less apt to lower a fine or allow traffic school on the day of the trial than they would be at arraignment.
Traffic Court Trials
Traffic court trials are different than criminal trials in certain respects. If you're considering taking your traffic ticket to trial, here are some things you'll want to know.
No Free Court-Appointed Lawyers in Traffic Court
In most criminal cases, you have the right to a state-appointed attorney if you can’t afford to hire your own lawyer. In traffic cases, however, free appointed counsel typically isn’t available. Your choices are normally to represent yourself or to hire a private attorney.
Deciding Whether to Hire a Traffic Attorney
Your decision on whether to hire a traffic attorney might depend on which option you choose for resolving your ticket. But it normally doesn’t hurt to at least talk to a lawyer before deciding. Many traffic attorneys offer prospective clients a free initial consultation, and you don’t have to hire an attorney you consult with. Speaking with a lawyer can be helpful in deciding how to handle your ticket and whether to hire someone to represent you.
Hiring a traffic attorney to represent you at trial could be well worth it. Good traffic attorneys know the law well and have lots of experience challenging government evidence in court. And an attorney who regularly represents clients in a certain area will likely have personal relationships with prosecutors, police officers, and judges and know their tendencies. This knowledge and skill will often increase your chances of winning your case.
Prosecutors Aren't Always Involved in Traffic Court
In some states, prosecutors represent the government in traffic trials. In others, the government doesn’t have legal representation: The court subpoenas the officer that cited the driver, and it’s up to the officer to come to court and prove guilt.
Standard of Proof in Traffic Court
At trial, the government has the burden of proving that you committed the alleged traffic offense. The standard of proof varies by state; in some states—including California and Minnesota—the government must prove all the elements of the offense beyond a reasonable doubt. In other states, the government is held to a lesser standard. In New York, for instance, the standard of proof in traffic cases is “clear and convincing evidence.” And many states—Oregon and Indiana included—require the government to prove moving violations only by a “preponderance of the evidence.”
Presenting and Challenging Evidence in Traffic Court
You have the right to challenge the government’s evidence and to present your own evidence at trial. Oftentimes, you also have access to some of the evidence in the government’s possession through a process called “discovery.” Discovery in a traffic case might include things like officer notes and maintenance documents for radar equipment. At trial, the government’s evidence will usually consist of the officer’s testimony, and, sometimes, physical evidence—for example, a red-light video. It can be difficult to discredit a video that shows you breaking the law, but cross-examining an officer, if done skillfully, can be an effective way to reveal weaknesses in the state’s case.
Though you’re not required to present any evidence, you have the option to do so. You can bring witnesses to court or testify yourself. You can also ask the court to consider photos or videos that support your position. A subpoena allows you to force a witness to come to court or obtain evidence that someone else has.
Verdicts in Traffic Court Trials
At the end of your trial, the judge will either find you guilty or not guilty. A not-guilty verdict means you beat the ticket—for most purposes, it’s like you never got the citation in the first place. If, on the other hand, the court finds you guilty, the violation will go on your driving record and you’ll likely have to pay a fine. Depending on the circumstances, you might also face additional consequences such as license suspension.
What Happens If You Can’t Pay a Traffic Ticket?
A traffic ticket that goes ignored or unpaid can grow into a serious problem. In most states, unpaid traffic fines will eventually lead to collection efforts and license suspension.
When it’s not financially possible to pay a ticket upfront, the best option is typically to inform the court of your situation. Fine amounts are usually within the discretion of the judge. In other words, judges don’t have to impose the same fine amount for all drivers.
Based on the circumstances of the violation, your record, and your current situation, the judge might be willing to lower the fine amount or might allow you to pay the fine in installments. However, while drivers can typically pay a traffic fine without coming to traffic court, to receive a fine reduction, the driver normally must personally appear in court.