If you received a traffic ticket you feel you didn’t deserve, then you might want to fight the ticket in court. The legal process can be confusing, but these steps from a traffic lawyer experienced in winning traffic ticket cases as to how to fight a traffic ticket.
A traffic ticket is a notice issued by a police officer when they believe that you’ve broken certain traffic laws or ordinances. A traffic ticket, traffic violation and traffic citation are all considered as one in the same thing. Some common examples of traffic violations are:
- Reckless driving
- Running a stop sign
- Drugged driving
- Drunk driving
A traffic ticket doesn’t necessarily stay on your driving record. A traffic ticket is something that stays on your record once you have either plead guilty or were convicted of a particular moving violation. You will also add points to your driving record This is the importance of learning how to deal with a traffic ticket appropriately.
Gather Related Traffic Documents
Fighting traffic tickets is not going to be a walk in the park. When you first decide that you are going to fight a traffic ticket, you need to gather some important documents for your date in court. The very first document that should be in your possession should be the original traffic violation the police officer issued. If you lost the original traffic citation, contact the Criminal Court Clerk’s office in the county where the officer issued the traffic ticket. Bring a valid Indiana driver’s license and a certified copy of your Indiana Bureau of Motor Vehicle record. It’s necessary that you have this in your possession when you’ve made the decision to fight a traffic ticket. You can obtain a copy of your driving record easily through the mail or online.
Do You Need a Traffic Attorney?
Go to Traffic Court
The next step in how to get out of a traffic ticket is that you MUST appear in court on the date and time specified on the ticket. When the bailiff calls your name and case, you need to enter a plea of “not guilty.” Next, you will receive a new date for a pretrial conference to try and negotiate a plea with the Prosecutors office. There will be several steps in fighting a traffic citation, which ultimately results in a trial before a judge for the:
- Driving infraction
- Misdemeanor charge
- Jury trial for felony traffic charges
In your journey to fight a traffic ticket, it’s EXTREMELY important that you don’t miss any court appearances. If you unfortunately miss any of your court appearances when fighting a traffic ticket, there is a good chance that your driver’s license might be revoked, or worse yet, an arrest warrant could be issued. If you decide to hire a traffic attorney to help you fight a traffic ticket in Indiana courts, make sure to do it early.
Try Your Case in Traffic Court
Generally, the trial begins with opening statements from the prosecutor and you or a traffic attorney. The former offers evidence through witness testimony, and you have the right to cross-examine the witnesses against you. When the prosecutor finishes introducing the state’s evidence, you or your traffic ticket lawyer can call witnesses and present your own evidence to fight your traffic ticket. You have the Constitutional right to testify in your own defense if you so choose. The prosecutor has the right to cross-examine everyone who testifies, including you. At the end of your quest to fight your traffic ticket, both sides present closing arguments to persuade the judge or jury on their or on your behalf. Then comes the decision, and you are found either guilty or not guilty. If you are guilty, the judge will impose a sentence, or if you are not guilty, you are free to go.
Hire an Attorney to Fight a Traffic Ticket
There’s the age old saying, of those who represents themselves in court has a fool for a client. You certainly have a right to act Pro Se, which means that you are going to represent yourself, however, the criminal court system can be full of perils in your quest to beat a traffic ticket. It’s always wise to hire the best Indiana traffic attorney to fight a traffic ticket. Give D Turner Legal, LLC a call at 317-721-4783 when you’ve decided to contest a traffic citation, don’t wait, time is of the essence.