when to get a traffic court lawyer

by Vivian Lang Jr. 5 min read

For instance, if a driver gets a ticket in a state that is far away from where they actually live, then they can hire a traffic ticket lawyer to appear in court on their behalf. In addition, a driver should absolutely consider hiring a lawyer if they have been charged with a misdemeanor, felony, or DUI offense in connection with a traffic ticket.

Full Answer

When to hire an attorney for a traffic ticket?

Traffic ticket lawyers are available throughout the county to defend clients against all types of traffic violation charges, ranging anywhere from stop sign violations to DUI/DWI. Use our state pages to guide you towards hiring a traffic ticket attorney who will help you deal with your traffic ticket in the best possible way.

Do I need a lawyer for a traffic trial?

Traffic trials can be tricky without the assistance of an attorney. 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.

How do I find a good traffic lawyer?

If you don't know how to find a good traffic lawyer, you could ask for a referral from a friend, or check Avvo's directory for a lawyer near you. Once you've chosen a candidate, these are good questions to ask to help you decide if it's a good fit:

What do you need to know about a day in traffic court?

A Day in Traffic Court. What to expect when you go to traffic court for a moving violation ticket. You typically have several options for dealing with a traffic ticket. Usually, the quickest and easiest way to resolve a citation is to admit guilt and pay the citation online or by mail.

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Traffic Ticket Attorneys and Car Insurance

Your driving record is perhaps the biggest factor car insurance companies use to determine the price of your car insurance premium. Blemishes in your driving record, including crashes and traffic violation convictions, can negatively affect your rates.

Selecting a Traffic Ticket Lawyer

Traffic ticket lawyers are available throughout the county to defend clients against all types of traffic violation charges, ranging anywhere from stop sign violations to DUI/DWI.

When Do You Need a Lawyer for a Traffic Ticket?

Just because a driver receives a traffic ticket, does not necessarily mean that they will need to hire a lawyer to represent them in order to challenge the ticket. However, having a lawyer can give a driver certain extra benefits, such as obtaining expert legal advice. In general, the more serious that a traffic violation is, the more useful it might be to retain the services of a traffic ticket lawyer.

How Can a Lawyer Help Me with My Traffic Ticket?

In general, there are four main ways that a lawyer can assist a driver in winning or resolving an issue related to a traffic ticket matter . The four primary legal services that a lawyer can provide in connection with a traffic ticket include the following:

How Much Does a Traffic Ticket Lawyer Cost?

The rate at which a lawyer bills a driver for handling a traffic ticket matter will depend on a number of factors, such as what the traffic ticket is for, if they were charged with a crime in addition to the traffic ticket, the rate of traffic ticket lawyers in a particular jurisdiction, and the method that a specific law firm or lawyer uses to bill their clients.

What to do if a ticket is serious?

Negotiate a Resolution: If the ticket itself is serious or the driver is facing serious consequences, a lawyer may be able to negotiate with the prosecuting agency.

What happens when you contest a traffic ticket?

When contesting a traffic ticket, some drivers choose to represent themselves in court. Unfortunately, this may have devastating results. The driver may be disorganized about the version of events or may discuss insignificant details, harming his or her case.

What is prepaid legal services?

Prepaid legal services give members legal fees at a reduced rate. However, the lawyer involved may know little about traffic court. Also, the reduced fee may only be to consult, not represent the driver. Never rush to hire a lawyer. Rushing may hinder a driver in finding the best lawyer.

What to do if you get a traffic citation?

If you have a traffic citation and are considering challenging it in court, consulting a criminal defense lawyer can be indispensable. Traffic tickets can be expensive and they may even raise your insurance rates or affect points on your license.

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.

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.

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 traffic lawyers win at trial?

Traffic lawyers with lots of trial experience are far more likely to win at trial than the average Joe or Jane. Simply put, attorneys who have spent countless hours in a courtroom and have knowledge of the law know what to focus on at trial. For non-lawyers, it's easy to get off track.

How much does a traffic lawyer cost?

There is no standard price to hire a lawyer for a traffic ticket. Some lawyers charge a flat rate to defend against certain violations, such as speeding. Others, especially those defending more complex cases, will charge an hourly rate.

How long does a traffic ticket stay on your record?

However, keep in mind once you pay the fine, you've essentially admitted guilt. This means the ticket becomes part of your driving record for 3 to 5 years, and up to 7 for more serious violations. Here's what you should know about hiring a lawyer for your traffic ticket.

How to defend against a felony?

Arrange a plea bargain. Felony convictions carry very stiff penalties and you should plan to defend against it. A lawyer can review your case and see if there are any areas that you can challenge the arrest itself, the evidence against you, or the arresting officer's version of events to get the case dismissed or secure a not guilty verdict. If that is not possible, the lawyer will get you the best possible plea arrangement, possibly lowering fines and swapping probation and community service for jail time.

What to do if you have multiple tickets?

Keep your driving privileges. If you've had multiple tickets in the past, you may have accumulated enough negative points on your driving record to put your driving privileges in jeopardy. If this is the case, a lawyer may be able to help you avoid that outcome.

What to do if you get a ticket while on vacation?

If you got your ticket in a different state while on vacation, for example, a lawyer can represent you so you don't have to make a time-consuming and costly trip for a court appearance.

What to do if you can't go to court?

If you can’t go to court—many people can’t take off from work or school—you can hire an attorney to go for you. But if you don’t want a conviction on your record, this probably isn’t the best alternative for you.

What is traffic school?

Traffic school. For many drivers, traffic school (sometimes called “defensive driving” or “driver improvement”) is a good way of dealing with a traffic ticket. Motorists who choose this route might not need to hire an attorney. To do traffic school, usually all you have to do is tell the judge or court clerk that you want to take care of your ticket this way. An attorney can come to court and request traffic school for you, but the result will likely be the same as if you do it yourself.

Is it worth hiring a traffic attorney?

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.

Can you do a traffic trial on your own?

The first scenario is easy enough for most people to handle on their own. Traffic trials, on the other hand, can be tricky without the assistance of an attorney. Doing a trial on your own will likely require a significant investment of time, and in the end, you might not be satisfied with the result.

Is it expensive to go to traffic school?

By completing traffic school, you can typically keep points off your record and your insurance rates from increasing. But traffic school can be expensive . In many states, you’ll not only have to pay the cost of your traffic school course, but also court fees and the fine for your citation. And most states have traffic school eligibility requirements; if you have certain offenses or have done traffic school recently, you might not qualify.

Can you plead guilty to a traffic ticket without an attorney?

Pleading guilty or no contest in court. In many states, judges can and often will reduce the fine for motorists who come to court and plead guilty at arraignment. Handling your ticket this way is usually fairly simple without an attorney, but it does require you to come to court. Plus, the violation will go on your record.

What is the first day of traffic court?

Arraignment: First Day in Traffic Court. Most citations have instruction on when and where to go for court. The first court date is usually called an “arraignment.”. You should get to the courthouse early so you have enough time to figure out what courtroom you need to be in.

How does a traffic court judge decide if a driver is guilty?

Most traffic trials follow the same basic progression. First, the officer testifies and presents any evidence relevant to the citation such as videos or radar readings. Then, the defendant has the opportunity to cross-examine the officer. When the officer finishes testifying, the defendant also has a chance to testify and present evidence. (The defendant, however, has the right to choose whether or not to testify.) Once both sides finish their presentations, the judge makes a decision, finding the driver guilty or not guilty. If it’s a guilty verdict, the judge will sentence the driver for the violation. For most tickets, the sentence is just a fine. However, depending on the driver's record, license suspension might be a possibility.

What happens in a traffic trial?

For each traffic trial, the judge calls the case, and the officer and defendant (or the defendant’s attorney) come forward. If the officer isn’t there, the judge ordinarily dismisses the ticket. When the officer and defendant are present, the trial will begin . As far as trials go, traffic trials are fairly simple.

How does a judge call a case?

Once the courtroom opens and everyone is inside, a clerk or bailiff might explain the specifics of how things run in that courtroom. The judge then takes the bench and starts calling the cases from a list. The list is normally arranged by alphabetical order of last names. When the judge calls your case, you’ll typically have to approach a podium positioned in front of the judge and state your plea. Generally, you have two plea options:

What happens when you show up for a court date?

When you show up for court on your trial date, the routine is similar to that of arraignment day. But usually, all the cases on the court’s calendar will be traffic trials. If there are any arraignments on the calendar, the judge will normally get those out of the way first. For each traffic trial, the judge calls the case, ...

How to resolve a traffic ticket?

Usually, the quickest and easiest way to resolve a citation is to admit guilt and pay the citation online or by mail. This article, however, discusses what you can generally expect if you decide to handle your ticket by going to traffic court.

What happens if the judge reduces the fines for several other people who plead guilty?

If the judge reduces the fines for several other people who plead guilty, there’s a good chance that you’ll get a reduction as well. If, on the other hand, the judge isn’t cutting anyone slack, you’ll probably receive similar treatment if you plead guilty.

What happens if you don't appear in traffic court?

If you do not appear in traffic court on the date specified, the judge will order a bench warrant for your arrest for failure to appear (FTA), which will result in your immediate arrest the next time you are stopped for an infraction or a law enforcement officer may go to your home and place you under arrest, until you can meet with a judge. Better call a lawyer then. Well, you should have called a lawyer instead of blowing off the notice to appear.

How to fight a ticket in court?

When you wish to fight your ticket by TBD, you will need to fill out a Form TR-205 , Request for Trial by Written Declaration. With this method of fighting your ticket, you will not need to appear in court. You just fill out the form and submit whatever evidence or written statements you have to the court clerk along with a check or money order for the amount of your ticket. The most important portion of the form is the Declaration of Facts, which is your opportunity to explain exactly what happened. Although it is not required, you should consult an attorney to get the specific legal premise for your not guilty plea.

What happens if you don't have a license?

However, when you do not have a license, or it has been suspended or revoked, no registration, or proof of insurance, the LE officer will issue you another ticket and in some cases, tow your vehicle and take you to the station for further processing. If the vehicle does not belong to you and there is no registration or proof ...

How long do you have to wait to get a bail refund?

After you have submitted your form to the court, it must be at least five days prior to your court date, you simply wait 60-90 days for the court’s decision. If the court finds you not guilty, they will refund your bail and the case is closed.

Can you ask for a trial de novo?

However, if they find you guilty, you still can ask for a Trial de Novo or a new trial. This must be considered very carefully and should be discussed with your attorney because any special circumstances allowed by the court, such as traffic school or reduced fines will not carry over to the new trial, you will start from zero.

Do you have to appear in court to fight a ticket?

With this method of fighting your ticket, you will not need to appear in court. You just fill out the form and submit whatever evidence or written statements you have to the court clerk along with a check or money order for the amount of your ticket.

Can a lawyer appear in court for a traffic ticket?

When your traffic ticket states traffic court attendance required, many drivers wonder if their lawyer can appear in court for them rather than them taking a day off from work. A traffic ticket defender can always go to court for you or with you. However, either you or your lawyer must appear in court on the date on your “Notice ...

Start Law School

Follow the same track as other law school-bound peers while you are still in college. Take a cross-section of classes in economics, history, politics, philosophy, psychology and sociology, as these subjects put a premium on critical thinking and reasoning---the key to succeeding at a legal career.

Build a Traffic Law Career

After graduation, consider working with a large law firm, where moving violations are simply just another part of its business. If you practice on your own, target higher-population, higher-violation states---notably, California, New York or Texas---that will more than offset your costs of doing business.

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