How to Defend Yourself in Traffic Court in a Trial with No Prosecutor

By eHow Legal Editor

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You've determined that it's your best interest to contest your traffic ticket and represent yourself in court. You've studied the relevant traffic laws, prepared and rehearsed your defense, observed the courtroom in session. Now, it's all a matter of maintaining your composure, being respectful, using what you've learned and practiced, and thinking on your feet.

Instructions

Difficulty: Easy

Things You’ll Need:

  • Paper
  • Pencils
Step1
Wait for your case to be called. Address the judge politely as "Your Honor."
Step2
Ask for dismissal of the case if the ticketing officer should be there and isn't.
Step3
Listen patiently, without emotion, without interrupting while the officer narrates his story. Take notes.
Step4
Cross-examine him calmly and matter-of-factly using your notes and prepared questions. Improvise and emphasize any of the officer's uncertainties or lapses of memory.
Step5
Ask for permission to present your memorized opening statement. Accept the judge's ruling if he says no, and incorporate all your points in your testimony.
Step6
Present your well-practiced narrative, and introduce your photos and drawings. Answer any questions the judge poses openly and honestly. Use your outline to be sure you cover all points.
Step7
Call your witnesses one-by-one. Ask if they are allowed to present their testimony in narrative fashion. If not, ask your questions.
Step8
Object if the officer tries to ask you or your witnesses any questions. State that it is your understanding that he is not allowed to practice law.
Step9
Present your brief closing statement if you are allowed to do so.
Step10
Expect a decision to be rendered then and there.

Tips & Warnings

  • Conciseness and brevity are often imperative in such a trial. Prepare thoroughly, but also be prepared to condense your case if the judge so orders.
  • Most likely, you'll be contesting your ticket in traffic court without a prosecutor or jury. Books such as Nolo Press' "Beat Your Ticket: Go to Court and Win!" by attorney David Brown go into greater detail and will help your preparation and presentation.
  • See the Related eHows to decide whether to fight your ticket and to learn the process of asking for a trial.

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eHow Article: How to Defend Yourself in Traffic Court in a Trial with No Prosecutor

eHow Legal Editor

eHow Legal Editor

Category: Legal

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