Preparing for a traffic case
Traffic infractions are different than many areas of law, and it’s helpful to know how to prepare if you have a traffic case coming up.
It’s uncommon for a traffic case to be taken to trial, but being found guilty of speeding or other charges can have serious consequences, including fines, added fees such as the driver responsibility assessment, and higher insurance premiums. Not responding to a ticket is a surefire way to get your driving privileges suspended, and racking up too many convictions could lead to the same outcome.
One of the reasons that traffic trials are uncommon is the expense. Even my clients who are in the right sometimes think twice about going to trial when they understand that it’s going to cost more in legal fees. Traffic trials are simpler than most others, but they do take time for research and drafting forms. That means that my affordable traffic ticket rates can end up much higher when a trial is needed. Defendants who are given the option of pleading guilty to a lesser charge without points will often decide that this is the most cost-effective option.
Preparation for a trial starts when you are pulled over. Try to remember everything you can about the time of day, weather and traffic conditions, what you believe you were doing, and when and where you first observed the officer. Write this down after the police encounter, to allow you to focus on the officer’s instructions during the encounter. Police officers put their own recollections into a supporting deposition, if that document is requested, and you can compare the two stories to see how they differ. It’s important to understand that police officers’ reports are often presumed to be accurate and truthful, and that the defendant has to provide much more evidence to shake that presumption.
Even without a trial, there are documents that I ask for from every traffic client. These include a copy of your driving history, and a sworn affidavit from you. The driving history allows us to get a sense of how generous the prosecutor might be toward you. Many of my clients don’t have an accurate recollection of that history, and it’s important to know what the prosecutor knows. The affidavit is the piece of paper that allows me to go to court in your place; that’s one the benefits to hiring me for a low-level traffic ticket. For more serious traffic matters, such as reckless driving and driving at very high speeds, you will have to appear in court with me in any case.
Bottom line is that it’s important to plan ahead for any traffic court case. My staff will help you with that, every step of the way. Call Selby Legal if you’d like a free consultation about your traffic matter.