what happens in court speeding ticket with lawyer

by Jerod Shields 9 min read

When it comes to common speeding tickets and other types of traffic tickets, a traffic attorney will review your case and work with you to reduce your penalties, negotiate alternatives, or dismiss your ticket entirely if applicable. Let’s take a closer look at these three options. Reducing Penalties

Full Answer

Should I pay my speeding ticket or go to court?

In most situations, drivers pay the ticket and are happy to be done with the ordeal. Hopefully, that speeding ticket is your first offense and an online defensive driving course can lower or forgive your fines. But there are times when drivers feel it’s best to fight the ticket. If you’re going to traffic court, you’ll need to be prepared.

How to defend against a speeding ticket in court?

What to Say in Court for a Speeding Ticket

  • Honesty is the Best Policy. It is always a good idea for you to be honest when going in front of a judge about your speeding ticket.
  • Keep a Cool Head. ...
  • Not Guilty. ...
  • Explain in Detail. ...
  • Mention the Weather. ...
  • It was Less Than 5 Mph Over. ...
  • There was an Absence of Traffic. ...
  • Use Your Clean Record to Your Advantage. ...
  • No Posted Speed Limit Signs. ...
  • Conclusion. ...

What should I wear to court for a speeding ticket?

What should I bring to traffic court? Bring the original speeding ticket, your driver’s license, a certified copy of your driving record and enough money to pay your fines and court costs. Can you wear jeans to court? You should really wear something more formal than shorts, like long pants (not jeans) and a button down shirt. … No, wearing ...

Can I reschedule my court date for a speeding ticket?

You can only reschedule your hearing twice; and only if the new hearing date falls within 20 months of the ticket being issued. Online - Use the Traffic Ticket Pleas, Hearings and Payments online transaction

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What you can do to fight it

Michael Evans has written about insurance for over two decades. His work has been featured in Bankrate, Fox Business, International Living, and Yahoo! Finance, among others. In addition to finance writing, Michael is the author of "Escape to Colombia" and is an accomplished professional photographer.

How Speeding Tickets Affect Your Insurance

Insurance companies consider drivers higher risk when they get speeding tickets because they consider them more likely to have a traffic accident. To mitigate the risk, insurers often increase your car insurance premium when they discover speeding infractions. The more speeding tickets you get, the more likely your rate will increase. 1

How Much Will Your Rate Increase?

The amount your auto insurance might increase after getting a speeding ticket can depend on your insurer and where you live. For example, according to Progressive, its policyholders incur an average six-month premium increase of 15% if they receive one speeding ticket during a three-year period. 3 However, increases vary by carrier.

How to Get Out of a Speeding Ticket

When you get a traffic ticket, you can respond in numerous ways, each of which has advantages and disadvantages.

How To Reduce Your Premium After a Speeding Ticket

You don’t have to settle for an insurance-rate hike following a speeding ticket. Check with your insurance company to find out if you qualify for discounts you’re not receiving. If you insure your car and home with the same provider, you may earn savings by bundling policies.

How To Avoid Speeding Tickets

The best way to avoid getting speeding tickets is to slow down. Always remain aware of speed limits and how fast you’re driving.

Keep Points Off Your Record

The Missouri Department of Revenue assigns points to a driver's record for speeding ticket violations. If you accumulate 8 points in an 18-month period you will get a 30-day suspension for the first time it happens. The next time it happens it will be a 60-day suspension, and the third and each subsequent time it will be for 90 days.

Keep Your Insurance Rates Low

Having speeding tickets on your record makes your insurance rates go up. I don't know the exact formulation, how much each ticket makes it go up, how many you can get before it is a problem, how often insurance companies look at driver records, etc., but I do know there is a correlation.

Keep Your Employment Options Open

A lot of jobs nowadays require the use of either a company or personal vehicle, and keeping a clean driving record is important. Even if you don't drive for work, it is becoming more and more common for employers to run driving record checks as part of the hiring process. Having a bunch of speeding tickets on your record isn't a good look.

Hire an Attorney

To get started on fixing your traffic ticket, you need to hire a lawyer. There are plenty advertising their services online. As a matter of fact, you are reading the blog of just such a lawyer. Make sure you talk to an attorney when you call.

You Pay Your Fine

If everything goes as planned, you can get your ticket amended to something like parking, and you will owe a fine to the court. This will not be a typical $10 parking ticket fine.

What is the process of getting evidence for a speeding ticket?

Generally, you also have access to some of the evidence in the government’s possession. The process for requesting and getting this evidence is called “ discovery .”. Discovery for a speeding ticket case might include things like officer notes and maintenance documents for radar and other speed-measuring equipment.

What to do if you get caught speeding?

If you do get caught speeding, you’ll first need to decide whether to just pay the fine and move on or fight the ticket in court. (Some drivers also have the option of traffic school, which might or might not involve paying the fine.) And if you opt to fight your citation, you’ll have to choose between representing yourself ...

What are the three types of speeding offenses?

Generally, excessive-speed laws fall into one of three categories: “basic.”. Absolute limit offenses. Absolute speed limits are the most straightforward: If you exceed the posted limit, you’ve violated the law.

What is an absolute speed limit?

Absolute speed limits are the most straightforward: If you exceed the posted limit, you’ve violated the law. Because there’s no wiggle room with absolute limits, the probability of avoiding a conviction are often less than they are with other types of speeding offenses. Presumed limit offenses.

What are the different types of speed limits?

Many drivers don’t realize there are different types of speed limits. The available defenses depend on which type of speeding offense you’re accused of committing. Generally, excessive-speed laws fall into one of three categories: 1 “absolute” 2 “presumed,” “presumptive,” or “prima facie,” and 3 “basic.”

What is the burden of proof in a speeding case?

At trial, the government has the burden of proving with admissible evidence that you committed the speeding offense. Otherwise, the judge or jury is supposed to find you not guilty. Standards of proof vary, but most states require the government to prove speeding violations by a “preponderance of the evidence”—enough evidence to show more likely than not that you were speeding.

What happens if the driver exceeds the presumed limit?

But if the government can do that, the burden then shifts to the motorist to show the speed was safe under the circumstances. Should the driver succeed at doing so, the judge or jury is supposed to acquit.

What Do Traffic Attorneys Do?

You probably already know that most lawyers specialize in one or a few areas of law. Traffic lawyers specialize in the rules and regulations binding motorists on the public roads.

Are Traffic Lawyers Worth the Money?

Lawyers handle billing differently for traffic tickets. Their rates vary based on the complexity of your case and the location in which you were ticketed. Many firms charge an hourly rate to represent you in court to fight your ticket. Others apply a flat fee.

Tips for Finding a Lawyer

Finding a good lawyer can feel like a wild goose chase - but it shouldn’t have to.

Handle Your Ticket Off The Record!

At Off The Record, we’ve found an innovative way to handle speeding tickets outside of the traditional court process. To do this, we’ve developed an app (for iOS or Android, or old-fashioned web) that connects you with an experienced traffic lawyer in your area.

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 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 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 ).

Can an officer appear in court?

The issuing officer doesn't appear in court. You agree to plea to another less serious non-moving violation. You comply with an unsupervised probationary period. Understand that even if your ticket gets dismissed, the court still might require you to pay some or all the fines .

How to explain a speeding ticket?

When you are explaining the situation that led to your speeding ticket, you need to be as detailed as possible. The more detailed you are in your explanation, the more likely you are to be taken seriously. If the judge gets the sense that you are being purposely vague, you’ll probably be stuck with the ticket and all of the consequences that come with it.

What to say when contesting a speeding ticket?

Whatever you decide to say in court when contesting a speeding ticket, remember to keep calm. The last thing you want to do is lose control of your emotions in front of the judge. You need to stay cool and collected at all times while in court.

What happens if you speed in the middle of the night?

If you were caught speeding in the middle of the night on an empty road, the judge may take that into consideration because you weren’t posing threats to traffic or pedestrians.

Can you get out of a speeding ticket if you are pulled over?

If you were pulled over in such an area, you should bring it up in court. While ignorance of the law is not a valid defense , this can still help you get out of your speeding ticket.

Can you get a speeding ticket dismissed?

If this truly is the case, there’s a high chance that you can get the ticket dismissed completely. It’s very rare for any speeding ticket to hold up in court if the driver was only going three or four miles per hour over the posted limit.

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.

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.

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 do people 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.

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.

Is a traffic ticket negotiable?

Most of the time , the answer is yes. Most people don’t realize that most traffic tickets are negotiable. No one advertises that, and the truth is that most people just pay their ticket without giving it a second thought. While you might pay the fine to save yourself the time of having to go to traffic court, there is a big downside to accepting ...

Frequently Asked Questions

Six points are assigned when a motorist is caught operating their vehicle between 20 and 39 miles per hour over a reasonable and prudent speed or the posted speed limit. If a driver was driving between 20 and 24 mph over a reasonable and prudent speed or the speed limit, they will receive a $200 ticket for a Class A traffic infraction.

Contact a Colorado 6-Point Speeding Ticket Defense Lawyer

If you’ve received a 6-point speeding ticket, you’ll want to have an experienced lawyer on your side to protect your license. Contact me, Christian A. Schwaner to find out how I can help you fight this ticket and move on with your life.

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