how to get a lawyer to accept a reduced fee in traffic cases

by Trenton Ryan 10 min read

A. Reduced "Settlement Negotiation Only" Fee Make an agreement that if the lawyer can resolve your case solely by negotiating an acceptable settlement -- that is, without having to go through any of the actual litigation process -- then the lawyer will receive a 25% contingency fee.

You can call your local bar association's lawyer referral service to find a licensed, private lawyer who has experience with your type of legal problem and will meet with you for a reduced fee. The lawyer will meet with you for 30 minutes about your case for a fee of less than $50.

Full Answer

How can a lawyer help reduce traffic ticket penalties?

However, if a case is more serious, then a lawyer can at least help to get the fines associated with a driver’s traffic ticket reduced. A lawyer can negotiate on a driver’s behalf: If a traffic ticket is issued in connection with a serious crime or a driver is facing serious consequences for receiving a certain type of traffic citation, a lawyer can negotiate with the prosecution on the driver’s …

Can a traffic lawyer waive their fees?

 · Answer (1 of 6): The best way is often simply by asking the prosecutor. A lawyer who regularly appears before these same prosecutors has often built up a relationship which makes it more likely that a prosecutor would be willing to reduce or drop charges for him. Certain tickets are difficult for...

Do I need a lawyer for a traffic violation?

Is it possible to negotiate with a traffic court officer?

image

How do you negotiate with a lawyer?

How to Negotiate With an AttorneyResearch First. Start by getting a basic understanding of the different ways that lawyers can charge you. ... Consider a Flat Fee. ... Consider an Hourly Fee. ... Consider a Contingency Fee. ... Ask for Fees in Writing. ... Cut the Extras. ... Look Outside Your Area. ... Explore Your Options and Find a Cheaper Attorney.More items...•

How do I get a ticket reduced in Alberta?

offering alternative resolutions or reductions on photo enforcement tickets (speeding or red-light camera). There are no prosecutors physically present in the courthouse to speak to. You may visit: https://traffictickets.alberta.ca/ and select the “Request Resolution” option.

How can I get my speeding ticket reduced in California?

California law provides for six different ways to resolve a traffic citation in California.Hire an Attorney. ... Appear in Court to Request a Trial. ... Request a Trial by Written Declaration. ... Plead Guilty by Paying the Citation. ... Plead Guilty by Paying the Citation in Installments. ... Plead Guilty by Requesting Community Service.

How do you get a speeding ticket dismissed in South Carolina?

How Can You Get A Speeding Ticket Dismissed? South Carolina allows for drivers in some circumstances to have a ticket dismissed by taking a driver education course. Such a course will involve receiving permission from the court. Generally, it is most effective to get a ticket dismissed by fighting it.

Is Alberta getting rid of traffic court?

The Alberta government is scrapping its plan to make significant changes to the province's traffic ticket appeals process. Under Bill 21, as part of the government's Justice Transformation Initiative, motorists would need to pay a non-refundable fee of up to $150 to dispute a traffic fine.

How much does it cost to fight a traffic ticket in Alberta?

Opposition justice critic Irfan Sabir issued a statement on Wednesday criticizing the $50 to $150 non-refundable fee Albertans would have to pay to challenge tickets, as well as the seven-day limit on taking steps to challenge a ticket.

Do cops show up to court for traffic tickets in California?

Answer provided by. Getting a traffic ticket for only going 9 mph is definitely bad luck, but you still were speeding. Unfortunately, cops almost always show up for traffic court, as it's their duty and job to do so.

How much is a speeding ticket in California 2021?

Expect to pay about $230 for a speeding ticket if you're 15 mph over the limit, nearly $360 for going up to 25 mph over, and about $500 for going above 26 mph but under 100 mph. You will have to pay about $800 if you're caught above 100 mph with the inevitable added charges.

Should I plead guilty or no contest to a speeding ticket in California?

You should exercise that right vigorously and without compromise and you should not feel guilty for doing so. When you receive a traffic ticket, the court will usually suggest that you must appear twice to contest it: first to appear and plead not guilty and second to stand trial with the officer present.

How long does a speeding ticket stay on your record in South Carolina?

2 yearsHow long does a speeding ticket stay on your record?StateHow long a speeding ticket stays on your recordSouth Carolina2 yearsTennessee2 yearsTexas3 yearsUtah3 years46 more rows•Jul 27, 2021

Can you clear your driving record in South Carolina?

There are ways to remove points from your record. In South Carolina, one year after the infraction, the Division of Motor Vehicles will reduce the number of points assigned to the violation by half. In North Carolina, you can attend a driver improvement clinic to remove three points from your record.

Can I dispute a speeding ticket?

If you believe you were not exceeding the speed limit and that the NIP was wrongly issued, you must be able to prove this to be able to contest the ticket. If you didn't realise you were speeding, didn't know the speed limit, or you were only speeding for a moment, the speeding ticket is still valid.

What can a seasoned lawyer do to reduce traffic ticket penalties?

Regardless of the violation circumstances, a seasoned lawyer works to reduce your traffic ticket penalties, negotiate alternative penalties, and/or dismiss the ticket altogether.

What is a traffic ticket lawyer?

In particular, a traffic ticket attorney specializes in laws related to driving; such lawyers defend traffic court cases varying from routine moving violations (such as running a traffic light) to more serious situations (such as driving under the influence ). Regardless of the violation circumstances, a seasoned lawyer works to reduce your traffic ...

What does it mean to reduce a ticket?

Generally, reducing ticket penalties means getting the judge to reduce or dismiss your fines and/or driver's license points .

What does an attorney do?

Attorneys specialize in particular areas of the law— meaning they are well-versed in legal language and can use that knowledge and experience to identify flaws in the case brought against you (or at least lessen your penalties ).

What is a public defender?

Public defenders, or court-appointed attorneys, are lawyers who help people who can't afford private legal defense.

Can a traffic ticket lawyer help with a speeding ticket?

From a speeding violation to forgetting to use your turn signal, even the most routine traffic stop can add up quickly; thus, sometimes, hiring a traffic ticket lawyer can make a difference—especially regarding reduced fines, keeping points off your driver's license, and avoiding increased insurance rates .

Does traffic school help with a ticket?

Not only can traffic school help you get a ticket dismissed, but it can also remove driver's license points (or prevent points from accumulating, depending on your state's laws) and even lower your car insurance rates .

How to plea bargain a traffic ticket?

The process for traffic ticket plea bargaining differs depending on whether the jurisdiction has prosecuting attorneys in traffic courts. If there is a prosecutor in traffic court, that's the person who'll be negotiating with. Otherwise, any plea bargaining that might be possible, would be accomplished by talking to the officer who cited you for the violation or the judge in open court.

What to plead guilty to when cited by a traffic cop?

Basically, you might be able to convince the officer to a deal that involves you pleading guilty to a less serious offense than the one you were cited for. For example, if you were cited for running a stop sign, you might be able to plea to a more generic offense for disobeying a road sign. With these types of plea bargains, you might be able to plead to an offense that carries lower fines or fewer points than the violation you were cited for. But whatever you might agree to with the traffic cop, it'll typically be up to the judge whether to accept the deal.

What is the end result of plea bargaining?

In most cases, the end result of plea bargaining is you pleading guilty to some traffic offense. But it's important to keep in mind that you might have other good options for resolving a ticket. For example, in a case where you have good defenses, fighting the ticket might be the way to go. And, for eligible drivers, traffic school is often the best choice.

Why are jury trials so time consuming?

And, because of the large volume of criminal cases that most courts have to deal with, it simply wouldn't be possible for every case to be resolved by a jury trial . So, prosecutors and judges have lots of incentive to dispose of cases quickly through plea bargaining.

Do you have to go to a jury trial for a traffic ticket?

First, in most states, drivers with traffic tickets don't have a right to a jury trial; traffic trials are instead decided by a judge. When a defendant doesn't have the right to a jury trial, the state has less motivation to settle the case through plea bargaining. Second, in many jurisdictions, there are no prosecuting attorneys in traffic court.

Can a traffic defendant plead with a judge?

It's fairly uncommon for traffic defendants to plea bargain directly with a judge. And many judges might not be willing to engage in any that resembles the kind of negotiation a defendant might have with a prosecutor. But judges normally have the ultimate say on whether to accept a defendant's plea and what the sentence will be. So, as long as you keep it quick and concise, it probably doesn't hurt to make a reasonable request directly to the judge. For example, if you're going through financial hardship, requesting a fine reduction would typically be reasonable.

Can you get your case dismissed?

The idea behind any type of plea bargaining is almost always to compromise on a better deal than you would get if you were found guilty at trial. It's seldom realistic to assume that you can get your case dismissed, though in some special circumstances, requesting dismissal might be reasonable.

What happens if you negotiate a fine over a single charge?

Another bargain over a single charge might involve reducing the amount of the fine, if the law gives the judge discretion over the amount. If the violation technically would allow the prosecutor to pursue a license suspension, they might agree to refrain from taking this step if the driver agrees to pay the fine.

What happens if a judge does not accept a settlement?

If the judge does not accept the settlement, the driver can withdraw their plea and proceed to trial.

What is a compromise over a speeding ticket?

An example of a compromise over a speeding ticket might be reducing the citation to ordinary speeding instead of excessive speeding, if there is evidence that your speed might have reached the level ...

What is settlement in traffic ticket cases?

Types of Settlements in Traffic Ticket Cases. Sometimes a settlement will involve a reduction in the points on a driver’s license in exchange for paying the fine. Or it might involve allowing the driver to go to traffic school and keep the offense off their record, when the driver normally would not be eligible for traffic school.

Why would the prosecutor offer a settlement?

The prosecutor might be offering you a settlement because they believe that the officer will not come, which would result in the dismissal of the case. You can ask the prosecutor if the officer will come or ask for time to consider the settlement offer. If the officer still does not appear, you can decline it.

Can a prosecutor settle a traffic ticket?

In some situations, a prosecutor may be willing to reach a settlement with a driver in a traffic ticket case instead of taking it to trial. This allows law enforcement and the court system to dispose of a case efficiently while still ensuring that a driver who violated a traffic rule faces some consequences. Since traffic violations are minor compared to most criminal offenses, the prosecutor may not feel that it is worth their time and effort to carefully prepare a case, even if they would have a strong chance of getting a conviction.

Can you admit guilt during a settlement?

You should not admit guilt during the course of settlement negotiations, since this admission can be used against you if you do not reach a settlement. The prosecutor is not on your side, even if they seem friendly, and they would be able to testify as a witness about your admission.

Why do you need an attorney for a traffic ticket?

Hiring an attorney to provide representation in a traffic trial can increase the chances of getting a ticket dismissed. Attorneys who regularly represent clients in traffic violation cases are familiar with state traffic laws and have experience appearing in court, presenting evidence, and challenging the state's evidence.

What is the best way to resolve a traffic citation?

A common alternative option to resolve a traffic citation is the completion of a traffic diversion program. The specifics vary by jurisdiction, but diversion programs generally require the motorist to:

What are the penalties for a no contest citation?

Potential penalties generally include a fine, traffic school, and demerit points on the motorist's driving record.

What is a bench trial?

A bench trial is a trial held in a courtroom in front of a judge. In other words, there's no jury deciding the case—the judge hears the evidence and decides whether the defendant is guilty. With a trial by declaration, the defendant can challenge the traffic ticket by submitting written testimony and other evidence without personally appearing in court.

Where are traffic infractions prosecuted?

Traffic infractions are generally prosecuted in traffic courts , where the procedures are typically less formal than in criminal courts. A motorist charged with a traffic infraction usually has several options for resolving the citation, including:

What can an attorney do to help a defendant?

Initially, an attorney can evaluate the strengths and weaknesses of the case, identify options for resolving the ticket, and provide advice on how to reach the most favorable outcome for the defendant's particular situation.

How can an attorney help a judge?

An attorney can help convince the judge to reduce the amount of the fine. Additionally, an attorney might be able to reduce or eliminate the assessment of demerit points on the driver's record. Keeping points off of the motorist's record can help avoid increased insurance premiums and license suspension.

Why is it difficult to represent yourself in traffic court?

One of the problems with representing yourself is the lack of experience and legal knowledge. The average person just doesn't know what the best courses of action are in a given case. Experienced traffic attorneys have the best idea of what tactics and options are available for obtaining good results. And, it's not all legal knowledge. Attorneys who spend lots of time in traffic court are familiar with the tendencies of the different judges and sometimes of the law enforcement officers who write the tickets. This local knowledge can prove valuable in deciding how to defend against a ticket.

How many times do you have to go to court for a traffic ticket?

If you decide to fight a traffic ticket, you'll generally have to go to court at least twice. But if you hire an attorney, you typically won't have to go to court at all. In other words, your attorney can represent you in court without you being present.

What is the difference between a minor traffic violation and a serious traffic violation?

There are some major differences between minor traffic violations (like speeding or running a stop sign) and more serious driving-related crimes like driving under the influence (DUI) and reckless driving. In short, the consequences of a minor traffic violation conviction are generally much less severe than those for a DUI or other criminal charges. So, whereas you might be able to contest a traffic ticket without an attorney, fighting a serious charge like a DUI without legal representation typically isn't a good plan.

Is it good to hire an attorney?

If you look below the surface, hiring an attorney has a number of benefits that, in many cases, can more than justify the expense. Also, some people have legal plans through their employers or union memberships that pay all or a portion of legal fees. If you can get an attorney you're happy with this way, it can be a good option.

Is it worth hiring a traffic attorney?

In some circumstances, hiring a traffic attorney clearly isn't worth the expense. For example, if you're eligible for traffic school and don't have a reasonable chance of beating your ticket, it's probably best to forgo hiring an attorney. Generally, you can sign up for traffic school without even going to court, so there isn't much benefit of having legal representation—you can just do it yourself.

Can you contest a traffic ticket without an attorney?

So, whereas you might be able to contest a traffic ticket without an attorney, fighting a serious charge like a DUI without legal representation typically isn't a good plan.

Do you have to give consent to a text message from Martindale-Nolo?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply.

What can a traffic lawyer do?

A traffic lawyer can negotiate a different punishment. If the court is unwilling to lower your fine or dismiss your ticket, a lawyer can often negotiate something for you to get you a better deal. One common trade-off is agreeing to go to traffic court for a lesser fine.

Why is it important to go to traffic court?

This is the main reason why it’s always a good idea to go to traffic court. If you have multiple offenses, some traffic tickets can cost a lot of money and really hurt your bank account. A lawyer can contest the fine or get the ticket dismissed altogether. You may need evidence for court that you don’t have access to.

What happens if a traffic ticket isn't valid?

Every traffic violation has specific criteria that must be met. If something is missing, the ticket isn’t valid, and it gets dismissed. If the ticket was issued correctly, there’s a chance that a skilled lawyer can get the fine reduced or avoid points issued to the client’s driver’s license by plea bargaining.

Why do local governments use cameras at traffic lights?

Some even use cameras at traffic lights to automatically catch people running red lights and to send them a ticket. As a result, more and more tickets are being given out every year. It’s an easy way for small governments to generate revenue. Plus, not many people are likely to complain about a rise in fines for traffic violations because no one believes it will actually affect them.

What happens if you sign a ticket?

Signing and paying the ticket is an admission of guilt and counts against your record. This can have some long term consequences. Your car insurance rates can skyrocket, and you may even face the loss of your driver’s license if you have other violations on your driving record.

Is a traffic ticket a criminal case?

Believe it or not, traffic tickets fall under the purview of criminal law. So, a criminal defense attorney is the type of attorney you need to seek.

Can you fight a traffic ticket in court?

Surprisingly, the answer is yes. You can fight traffic tickets in court. If you want the best chance at being successful, it’s a good idea to find a traffic ticket lawyer that can help. Because they know the law inside and out, you’re more likely to get a lesser fine or even have the ticket dismissed altogether.

How to get a ticket reduced?

Evidence may include your reason for traveling so fast, such as rushing to pick up a sick child from school. Judges are given a lot of discretion to determine whether a reduction is warranted and will often take a drivers' manners and behavior into account along with other factual matters. Providing proof of a clean record can also encourage judges to be lenient to a first time violator.

What happens if you deny your license?

If you wish to deny responsibility, you risk paying the entire fine should the judge decide against you. Also, be aware that even if a fee reduction is successful, you will still receive points on your license (although you may receive fewer than you would have without the explanation).

How long does it take to get a citation letter from Muskegon County?

For example, Muskegon County, Mich., requires letters to be mailed within 14 days from receipt of the citation.

What happens if you admit with explanation?

If you admit with explanation, you may get a reduced fine and a reduced infraction. You can mark the ticket with your choice and, if you choose to admit with explanation, write a letter to the court accepting responsibility but explaining why it happened, in a polite and contrite manner. References.

What happens if you deny responsibility?

If you wish to deny responsibility, you risk paying the entire fine should the judge decide against you.

Can you mail a letter of explanation to a court?

Some states allow drivers to mail a letter of explanation directly to the court; others require a scheduled hearing with a judge or hearing officer, and you may be able to present the letter upon attendance. You may also be able to file the letter with the clerk.

Can you contest a speeding ticket?

When you get a ticket for speeding or other traffic violations, you have more than one option for handling the citation. Instead of trying to contest a ticket as an all-or-nothing attempt to avoid paying a fine, drivers often have the option of admitting fault in the hopes of reducing the amount of the fine.

image