FAQs About Traffic Court

You can't just throw away any paper under your windshield wiper.

While no one wants to get a citation, all but the most exceptionally cautious individuals probably will end up with a ticket at some point in their lives. It may be from drifting just over the speed limit with a police officer behind you, or it may be from overstaying your time at a metered parking space. Regardless of the reason, getting a ticket can bring questions about traffic court to mind.

Conviction?

When an individual gets a ticket, it will specify the option for not contesting the conviction and paying a fine. The word "conviction" can scare many people, bringing to mind scenes of prison or a lengthy involvement with the judicial system. For most people, these fears are unfounded. Technically, when an individual speeds or parks in an illegal fashion (like at an expired parking meter) he is breaking the law. However, the punishment for most traffic violations simply is paying the fine specified on the ticket. The only time that someone's license could be in jeopardy is if he accumulates an excessive number of citations in a short period of time.

Automatically Guilty?

Getting a speeding ticket is just like being charged with any other crime: a defendant is innocent until proven guilty. If an individual does wish to contest a citation, he can have a hearing before a judge in traffic court and present his case. However, challenging a citation can be an uphill battle. The instructions for arranging such a court appearance will be included on the citation for the violation.

Officer Testimony?

In traffic court, the officer who wrote the citation is an eyewitness to the violation, and also will be present to defend the citation. This testimony will include explaining the evidence that led him to write the ticket, such as a radar gun reading, and anything incriminating the defendant might have said at the time of the violation. Consequently, when receiving the ticket, the individual who plans on contesting a citation should acknowledge the fact that the officer is giving him a citation but not actually confirm that he is guilty of that citation. Such comments can be used by the officer in traffic court.

Is a Court Appearance Mandatory?

In most cases, it is not mandatory to show up in traffic court. By simply paying the ticket, an individual who received a citation is pleading "no contest" to the violation and the traffic court does not require any further action on the part of the defendant. However, challenging the citation does require setting a court date in the jurisdiction in which the defendant received the citation. Additionally, if the citation reads that the recipient must appear in court, then setting a court date is mandatory. Failing to do so can result in a suspension of the defendant's license. Mandatory court appearances are generally only for citations for particularly dangerous traffic violations, such as speeding around children in a school zone.

References

• Cook County Court; What to Do If Your Traffic Ticket Says: You Must Appear or Court Appearance is Required
• Washington State Department of Licensing: Too Many Traffic Tickets (Moving Violations)
• ACLU: Know Your Rights When Encountering Law Enforcement