If you do get a trial by jury, which I didn't even think most traffic tickets qualified for, (you end up getting a trial by judge, if I'm not mistaken) you should easily win. Contact the local paper and see if they are interested in justice. Write an editorial outlining the absurdity.
Full Answer
Answer. Before you can determine whether you can request a jury trial for a ticket for passing with insufficient clearance and ignoring traffic flow, you must first determine if the offence for which you received a ticket is one that can be fought in court. Some tickets cannot be challenged in court. It depends upon the laws in your jurisdiction.
Aug 05, 2015 · Many people who get traffic tickets will simply pay them. They get points on their licenses and move on with their lives. If you don’t want …
Jury trials are not available for traffic ticket cases in most states. A jury trial may not require a unanimous verdict for a conviction. Sometimes a jury can reach a verdict when one or two members disagree. This is even true when a jury is smaller than 12 members. In some states, a jury may consist of six or eight members, and four-member juries are not unknown.
Although there's not much actual strategy involved, drivers sometimes beat tickets in court just by showing up. At traffic trials, the driver and the officer who wrote the ticket must be present. If the driver shows up and the officer doesn't, the driver generally wins without having to …
I received a ticket for passing with insufficient clearance and ignoring traffic flow. I want to fight the ticket; can I request a jury trial?
Before you can determine whether you can request a jury trial for a ticket for passing with insufficient clearance and ignoring traffic flow, you must first determine if the offence for which you received a ticket is one that can be fought in court. Some tickets cannot be challenged in court. It depends upon the laws in your jurisdiction.
If you do not respond in time you can be held responsible for the ticket, more fines and costs will be added to what you would have had to pay, and a warrant may even be issued for your arrest. Some states ask you to enter a plea of some sort when you respond to the court.
Many people who get traffic tickets will simply pay them. They get points on their licenses and move on with their lives. If you don’t want to do that, you could hire an attorney to fight the ticket for you, but you may also be able to successfully fight the ticket without hiring counsel. There are no guarantees here, but this is how it could work.
Similar to ordinary criminal trials, a traffic ticket case that is tried to a jury will start with the jury selection process. However, there are some differences from a criminal case in how this process unfolds. A judge may ask all of the questions to potential jurors, for example, rather than the driver and the prosecutor asking questions. This process is known as voir dire, and it is meant to uncover biases held by potential jurors. Some possible sources of bias include a criminal record, a pre-existing relationship with someone involved in the case, or a job in law enforcement.
This is even true when a jury is smaller than 12 members. In some states, a jury may consist of six or eight members, and four-member juries are not unknown.
Some possible sources of bias include a criminal record, a pre-existing relationship with someone involved in the case, or a job in law enforcement. If a judge does not ask questions thoroughly, you can accept the jury or ask questions of your own. In most cases, accepting the jury may make sense to avoid frustrating a judge who already may resent ...
When you get a traffic ticket, it basically means you're accused of violating a traffic law. But the government can't penalize you for the violation unless you're actually convicted (either by admitting the violation or being found guilty at trial ). If you're considering fighting your ticket, here are some strategies you might want to consider.
Emergencies—not of your own making—can justify a violation under the "necessity" defense. The key to this defense is to prove that it was necessary to commit the violation in order to avoid a much greater harm. For example, an unlicensed driver who nevertheless gets behind the wheel to transport a seriously injured child to the hospital could likely beat a ticket for driving without a license under the necessity defense.
Although there's not much actual strategy involved, drivers sometimes beat tickets in court just by showing up. At traffic trials, the driver and the officer who wrote the ticket must be present. If the driver shows up and the officer doesn't, the driver generally wins without having to do anything.
In most traffic cases, the government's evidence consists of only the testimony of the officer who gave the ticket. In some states, prosecuting attorneys represent the state in traffic court trials. But in many states, there aren't prosecutors in traffic court. So, depending on whether there is a prosecutor, the officer will either answer questions posed by the prosecutor or just tell the story and answer any questions the judge might have. When the officer is finished, the driver or driver's attorney has an opportunity to cross-examine the officer and ask questions of their own.
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 ...
Once the government has presented all of its evidence, the driver has a chance to present evidence. The driver might want to testify or present physical evidence like photos and the like.
The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. In most states, you don't have the right to a jury trial for minor traffic offenses like speeding, running a red light, and distracted driving.
The first step to contesting your TX traffic ticket is submitting a plea of “not guilty" with the municipal court in charge of your case.
The process for contesting your Texas traffic ticket in court will usually consist of the following:
Depending on whether you win or lose your case, the consequences of fighting your Texas traffic citation can have long-lasting positive OR negative effects on your life.
“Drivers need to assume that from the moment the red lights start flashing, an audio and video recording will be made of everything that takes place. If ever there was a time to be respectful, polite and show the right attitude, this is it,” Harman notes, adding, “In a traffic stop, attitude is comprised of how and where you pull over, followed by what you say to the officer.” A driver absolutely should: 1 Pull over immediately in a safe location, almost always on the right, and remove the keys from the ignition. 2 Lower both driver and passenger’s windows. If at night, turn on interior lights. 3 Keep your hands visible at all times, preferably on the steering wheel. 4 Ask the officer for permission to reach into the glove box or the back seat area.
Once every 18 months — ticket date to ticket date — drivers can take traffic school. “However, for a class A or B commercial drivers, driving their personal vehicle, the ticket is visible to their insurance company — although the DMV point is not assessed. Commercial drivers are not eligible if cited in their work vehicle.
Dress appropriately, with clothing that shows respect for the court. This does not mean a nice dress or a suit and tie, but a clean, neat appearance is important, shirts tucked in, no hats and no clothing with crude messages. At all times, show respect.