Going To Traffic Court
Going To Traffic Court
Paul Bergman (Professor, UCLA School of Law) gives expert video advice on: I received a traffic citation, what can I expect in traffic court?; What are the potential penalties in traffic court?; Can I have a lawyer in traffic court?
I received a traffic citation, what can I expect in traffic court?
You can expect in traffic court, cases go incredibly swift. Most people who show up to contest traffic tickets hope that the police officer is on vacation and doesn't show up. But you can expect the judge will very quickly ask the police officer for his or her version of what happened. You'll get a chance to explain to the judge your version. You may not get a chance to question the police officer. There will be no prosecutor there, because it's considered an infraction, not a criminal charge. And the judge will typically decide the case on the spot.
What are the potential penalties in traffic court?
The penalties in traffic court are usually minor, depending on the type of penalty. If it's an infraction, so that it's like running a red light or speeding, the penalties are usually at most a several hundred dollars. Usually, before you can take a traffic ticket case to trial, you have to post the amount of the fine in advance, and then if you're exonerated, the money will eventually be sent back to you by the court. There are obviously more serious kinds of cases that might be tried in traffic court, such as driving under the influence. And then depending on your past record, the penalties can be quite severe, from jail time to losing your license, and having to go to an alcohol related treatment courses.
Can I have a lawyer in traffic court?
Most states will allow you to appear with a lawyer in traffic court. Few people, however, hire lawyers because the cost of the lawyer would far exceed the fine that they might have to pay if they're found guilty.