What Happens in Traffic Court?

Traffic accident

Whether you blew a red light, missed that stop sign or got into an accident, you may find yourself the owner of a newly issued traffic ticket. You can pay it, go to traffic school, if offered, or fight the unfair traffic system. Should you choose this last route, you will find yourself in traffic court, in which case it would help to know what to expect.

Considerations

One of the first things to consider is whether to hire a lawyer. Though the vast majority of people represent themselves, lawyers do have their advantages, depending on the charge and your driving record. If you have a good driving record, you probably don't need a lawyer. But if you don't have a good driving record, and the affordability of your insurance depends on the outcome, you might want a lawyer. As an added bonus, people in traffic court who have lawyers generally get their cases heard first.

Time Frame

Traffic court only lasts as long as there are cases to be heard. Once all the cases are heard, traffic court is done for the day. Typically there is a morning and afternoon session. Your ticket tells you the time and the courtroom. If there is a full room of people, you could be there for hours. If you are lucky, you could be called after the people with lawyers.

Players

When you walk into traffic court, there is a court clerk sitting next to, and lower than, the judge's seat. Go to the court clerk, give him your ticket and check in. If you don't have your ticket, he can find you on the court docket, which is a list of the cases scheduled for the day. Then you sit down and wait for court to start. There is also a judge, the prosecuting attorney who is your adversary and your lawyer, if you chose to hire one.

Session

When the judge walks in, everyone rises, and it is announced that court is in session. When your name is called, you step up to the front of the courtroom and stand in front of the judge. The charge against you is read, and you must plead guilty or not guilty. The court also calls the officer who wrote the ticket, by badge number. If the officer is not there, you are dismissed for lack of a complaining witness, otherwise your trial begins. If you plead guilty, the prosecutor reads your driving record to the judge and recommends the disposition, be it fine, court supervision or traffic school. The judge then decides the disposition and announces it. Your case is done.

Trial

If you plead not guilty, the officer that issued the ticket tells what happened. You may question what he says and question him. You then tell your side of the story and are entitled to bring witnesses forward to verify what you say. The prosecutor can question both you and the witnesses. When you're both finished, the judge hands down his decision. You are done.

References

• Beaverton, Oregon Municipal Traffic Court Procedures