Attorney at Law
Here are ten tips on what you should do if you get a traffic ticket.
1. If one or more of the tickets is a "must appear" offense, do not pay any of the tickets. You do not need to request a court date. You will automatically receive a trial date in the mail. There will be a State's Attorney involved in the case and they will likely be willing to drop several of the tickets as part of a plea deal. You should consider retaining counsel since one or more of the tickets may carry possible jail time or have significant consequences to your license.
2. Make sure the address on the citations is the correct address. All court notices will be mailed to the address on the ticket. If you have moved or there is a typographical error, you should correct it with the court so that you receive trial notices. If you miss a court date, your license will be suspended and a warrant could be issued.
3. If all of the tickets are payable, you have 30 days from the date of the ticket to request a trial, waiver hearing, or to pay the citation. If you fail to act, your license will be suspended. You should always request a trial and not a waiver hearing since a police officer must appear if you request a trial and they sometimes do not appear. If the police officer fails to appear, you will be acquitted.
4. If you go to court, the judge has the discretion to offer you probation before judgment which avoids the conviction and points. The judge will primarily be interested in your driving record. Therefore, you should bring your driving record with you to court. Note that the judge can see your driving record in all 50 states from a computer so never lie to the judge.
5. If you receive a ticket and can correct the issue, you should do so. If you were charged with driving without insurance, get the vehicle insured. If you received a ticket for driving on a suspended license, resolve the issue with your license. You should bring proof the problem has been resolved to court.
6. If you receive a DUI, you should promptly be evaluated in a certified alcohol treatment proigram, complete a Victim Impact Panel through MADD, and speak with an attorney about whether you should request an administrative hearing to prevent the suspension of your license or elect the ignition interlock program.
7. If you receive a high speed speeding ticket or are a young driver, consider doing a driver improvement program before court and bring the certificate of completion to court.
8. If you have a provisional license, the stakes are higher so consider retaining an attorney. A first offense on a provisional (conviction or PBJ) will result in a mandatory driver improvement program, a second offense a 30 day suspension, and a third offense a 180 day suspension. In addition, a violation on a provisional starts the 18 month waiting period to get your license over again.
9. When you go to court, dress appropriately. You should never wear a t-shirt, jeans, or shorts to court. Be respectful to the officer and judge.
10. Never a pay a traffic ticket without knowing the consequences to your license and insurance rates. Many tickets carry points and you should never pay a ticket that carries points. Some tickets do not carry points, but can still lead to issues with your license.
If you are unsure how to proceed, reach out to an attorney to obtain advice. Most attorneys will answer your questions without charge.
Attorney at Law
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