How to Find Out About Traffic Court Procedures

After you've studied the traffic law you're said to have violated and determined that you have a legal defense, you'll need to learn the court's procedures so that you won't miss deadlines and you know how to prepare for trial.

Difficulty: Easy

Instructions

1. Call or visit the traffic court's office or check for an Internet site to set a court date and obtain information on the process - asking for a jury trial (if your state allows), asking if a prosecutor will be trying the case, asking for documents (called "discovery"), requesting the ticketing officer's presence at the trial, and subpoenaing witnesses, for example.

2. Plead "not guilty" either by mail, phone or in person.

3. Go to the arraignment, a brief preliminary meeting before a judge, if required. Ask for an arraignment if this is where you need to make your requests for a jury trial, discovery and the officer's presence at trial.

4. Find out at the library or on the Internet how long the prosecution has to bring your case to trial under your state's "speedy trial rules." The charges can be dropped if you know the time limit, if you do not "waive time" for trial, and if the date passes.

5. Decide if you want to present your case in writing, termed "trial by declaration or affidavit," if your state allows this. Though you won't be able to cross-examine the ticketing officer (or have the case dismissed if he doesn't show up), you might be more effective stating your case clearly and logically on paper rather than under the pressure of the courtroom. Obtain the ticketing officer's notes first, if possible, through discovery and follow the court's procedures for submitting your affidavit.

6. Check out your state's rules about your right to the ticketing officer's notes and any other documents related to your case. Send your written, discovery request to both the police department that ticketed you and the prosecutor's office. Keep a copy in your file.

7. Visit the specific courtroom and try to sit in on some trials before the judge who will hear your case. You'll be more comfortable knowing the setting, and you'll be better able to prepare your defense and presentation knowing the judge's style and the manner in which he conducts a trial.

Tips & Warnings

• A jury is usually more sympathetic toward someone charged with a traffic violation and more skeptical of an officer's testimony than a judge. Not all states have jury trials for traffic violations, and, if you want a jury trial, you need to request one.
• Delay the trial if it's to your benefit - you or your witnesses cannot be present, or, if you are in danger of having your license suspended should you lose, points against you will expire during this period.
• Books such as Nolo Press' "Beat Your Ticket: Go to Court and Win!" by attorney David Brown provide more detailed explanations of procedures and a listing of the states that allow trial by jury or declaration.
• A "court trial" is not the same as a "jury trial." Be careful not to consent to the former when you seek a jury trial.
• In some jurisdictions, you give up your right to demand the presence of the ticketing officer in court if you do not specifically ask for this.