How to Defend Yourself in Traffic Court in a Trial with No Prosecutor
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.
- Difficulty:
- Easy
Instructions
-
-
1
Wait for your case to be called. Address the judge politely as "Your Honor."
-
2
Ask for dismissal of the case if the ticketing officer should be there and isn't.
-
3
Listen patiently, without emotion, without interrupting while the officer narrates his story. Take notes.
-
4
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.
-
5
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.
-
6
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.
-
7
Call your witnesses one-by-one. Ask if they are allowed to present their testimony in narrative fashion. If not, ask your questions.
-
8
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.
-
9
Present your brief closing statement if you are allowed to do so.
-
10
Expect a decision to be rendered then and there.
-
1
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.
Related Searches
Comments
-
Thank you for this site, I was looking for this information by phone and no one could help me or give me any answers. Thank you
-
decoy256
Oct 13, 2010
If you were actually going that speed, don't contest the ticket (judges will look poorly on your case if you try to say you didn't break the law, when you clearly did). But there is usually a third option in most states... you can ask for a hearing to explain the circumstances. Explain to the judge how you are a law-abiding citizen (it helps if you don't have a bad driving history). Explain to him that since there was no traffic you weren't paying as much attention to your speedometer as you should have. Explain to him the negative impact this will have on your life and that this is totally not in your nature. Ask to have the ticket deferred (if that is available in your jurisdiction), usually for 6 months to a year (if you don't get any more tickets, this ticket will be wiped out... usually still involves paying the fine) or ask to have your ticket reduced (some judges will reduce... -
nitch2210
Dec 15, 2008
I just received a ticket for going 100mph in a 65mph zone. I know that is very excessive, but there wasn't any traffic and I was on a downhill stretch and had no idea I was even going over 75mph. I'm thinking that this is going to be tough to get out of since I was going over 31 miles over the posted limit. I was wondering if anyone has some kind of advice on how I should approach the citation (i.e. what to plead, should I attempt to go to court, talk the the officer, etc.). Any help would be greatly appreciated. Thank You, PN
-
nitch2210
Dec 15, 2008
I just received a ticket for going 100mph in a 65mph zone. I know that is very excessive, but there wasn't any traffic and I was on a downhill stretch and had no idea I was even going over 75mph. I'm thinking that this is going to be tough to get out of since I was going over 31 miles over the posted limit. I was wondering if anyone has some kind of advice on how I should approach the citation (i.e. what to plead, should I attempt to go to court, talk the the officer, etc.). Any help would be greatly appreciated. Thank You, PN
