How to Take a Ticket to a Jury Trial
Traffic tickets have long-range implications for many drivers. Automobile insurance rates almost always rise in the wake of a ticket, and multiple infractions can lead to license revocation or suspension. Most people's first instinct is to simply pay the ticket. Another option is to take the ticket to court. If you are found not guilty, you will not receive ongoing penalties such as increased insurance premiums and points on your driving license. Depending on the kind of ticket at issue, most U.S. states allow recipients to request a jury trial rather than simply appearing before a traffic court judge. Juries are usually only available for traffic violations, such as driving under the influence or driving recklessly. Traffic infractions, such as speeding or failing to come to a complete stop, are usually only eligible for a basic judicial hearing.
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Instructions
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Write a letter to the court with jurisdiction over your traffic ticket. The letter should include a copy of the ticket. State that you will plead not guilty to the violation, and that you are exercising your right to a jury trial. Ask for the court to notify you of the trial date.
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Mail the letter using certified mail with return receipt requested. Send the letter at least two weeks before the court date listed on your ticket. Keep the proof of delivery receipt when it becomes available, either as a mailed slip or an online confirmation.
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Read your ticket carefully to determine the laws that you are accused of breaking, then research each of these laws. Most of the time, these laws are codified in local statutes and regulations. Copies of these are usually available in any courthouse's public law library, at many local public libraries, as well as on the Internet.
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Plan your defense. Contact any witnesses, take pictures of the location where you were ticketed, and prepare any other evidence you have that points to your innocence.
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Keep an eye on the calendar. You are entitled to a trial within forty-five days under most state laws. This can be an effective way to limit the time the prosecution has to find the witnesses they need. If your trial does not start in forty-five days, you may be able to request a mistrial, which often results in the dismissal of your ticket.
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Tips & Warnings
Meeting with a lawyer before going to court can help your chances of winning a favorable judgment, and can also provide you with information about the governing law, general court processes and your basic rights.
You will only be successful in requesting a jury trial if your jurisdiction permits jury trials for the specific kind of ticket your received. Requests for a jury when one is not warranted will usually be discarded by the courts. If you do not either appear before a regular judge or pay the stated fine, you are likely be charged late payment fees, and possibly face further court action.
References
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