You’ve
just gotten a ticket. Now what?
You
may have avoided this position by using
one or more of our products. Remember:
an ounce of prevention is worth a pound
of cure.
Now
you have to decide what to do. Are going
to fight, plea or pay. Remember: even
if you fight and lose, your fine is no
higher than what you would have paid initially.
It’s also important to note that
you will be required to pay the ticket
fine in addition to higher insurance premiums.
Consider
which of the following statements best
relates to you.
- I
can't afford the fine.
- I
don't want to pay the fine.
-
I don't want the ticket on my record.
- I
can't afford the points on my license.
- I
didn't do anything.
- OK
I did do it, but everyone else was doing
it too.
- The
officer was a major jerk, and I want
payback in court.
What is your plea?
There are four types choices you can enter
for a traffic citation:
-
"Guilty"
- "Guilty with a reason"
- "No Contest"
- "Not Guilty"
Remember
that Not Guilty, by law, does not necessarily
mean you didn't commit the alleged offense.
What it does mean is that the prosecutor
must now prove beyond a reasonable doubt
that you did commit the offense.
The
burden of proof is now on the prosecution.
If the officer doesn't appear at your
trial, the prosecution has failed to prove
its case, and you win. You can then request
a motion to dismiss due to lack of a prosecution
witness.
Hire a lawyer?
You will need an attorney if you face
jail time. And any citation, such as:
-
DWI / DUI
- Driving on a suspended license
- hit & run accident
- Any felony involving the use of a vehicle
There are attorneys who specialize in
traffic ticket dismissal and generally
charge between $50 and $100 for their
services. These attorneys typically specialize
in obtaining continuances, arranging for
probation sentences or, in a worst case,
arrange for a driving school plea bargain.
These are all options that you are quite
capable of handling without an attorney.
The advantage with these services is they
have ongoing relationships with the prosecutors
and are usually able to work within the
system better you.
Similarly, any attorney brings with him
his knowledge of the law and legal system,
his trial experience and his fee. Once
you hire an attorney you loose control
over the case. Unfortunately you have
the most knowledge of the actual particulars
and details that your attorney does not
possess. You also need to remember that
this case is not going to land your attorney
on the cover of the latest legal journal;
therefore, his attention span to this
case is going to be somewhat limited.
One industry statistic shows that unless
you testify on your own behalf and inadvertently
convict yourself during that testimony,
90% of all traffic case would not have
benefited from the services of an attorney.
If you still feel compelled to use an
attorney, you should consider joining
the National Motorist Association. The
NMA offers a variety of resources including
an attorney referral service. This service
maintains a database of attorneys, by
region, who specialize in traffic ticket
defense.