Fighting the Ticket
If you choose to dispute the ticket, you must appear in court. Plan to take an entire day off of work to handle the matter, as justice can move slowly. The time of your appearance is noted on the face of the ticket, along with the address of the courthouse or building and the specific court to which you will go. If you are not sure of the directions, call the court clerk and get them beforehand.
Finding the Courtroom
Traffic courts, or municipal courts, are typically housed in a separate building from the county courthouse. If you are due at 10:00 a.m., arrive at 9:00 a.m.-being early is always better than being late, and downtown parking can be difficult. When you enter the traffic court building you will first see the clerk, who is taking and processing fines in the lobby area. If there is not a sign pointing out the location of the courtroom, or you are not sure of where to go, stand in line and ask the clerk.
In large cities, there are several courtrooms handling traffic citations. Find the courtroom to which you are assigned. If the doors are closed and court is in session, you may still quietly enter and take a seat in the audience. There will be many people there just like you waiting to talk to the judge.
Reviewing Your File
There is a file or "jacket" with your name on it and a copy of the citation. Look for the bailiff (a police officer or sheriff's deputy) and ask if you can see your jacket. The files may be in plain view on a table, or the prosecutor may have them.
Once you have your file, review it carefully. If you find discrepancies, make a note of the errors and tell the bailiff you would like to speak to the prosecutor. For example, the citation in your file could be another person's ticket or have changes on it that are not on your copy. As noted above, some errors, such as the failure to note the legal speed limit, require the automatic dismissal of the ticket.
Finding the Ticketing Officer
No one can be convicted on a traffic offense if the officer who wrote the ticket does not appear in court to substantiate the charge. You will find the officer's name and badge number on your ticket. Sometimes the police officers are sitting in the jury box. Ask the bailiff if the officer is present in the courtroom if you do not see her. If the officer is absent, and you plead "not guilty," your ticket can be dismissed on the spot when it is your time to speak to the judge.
Speaking to the Prosecutor
The prosecutor is busy. She has about 50 citations to handle during the hour your group is allotted, and she is negotiating with attorneys who specialize in traffic tickets while keeping an eye out for police officers who must be present to testify to any disputed tickets they wrote.
What should I do if the ticket contains an error?
Once the bailiff points the prosecutor out, tell her politely that you believe there is a discrepancy and you would like to discuss it with her at her earliest convenience. She will take the jacket from you for a better look. You may have to wait an hour or more to speak to her about the error. When you do speak with her, make it clear in a polite fashion that you know you are entitled to have the ticket dismissed. When the judge calls your name, she should request that the ticket be dismissed.
What should I do if I want to request deferred adjudication?
Tell the prosecutor that you would like deferred adjudication. She may agree, and when your time is called, tell the judge that the ticket will be deferred. On the other hand, she may not agree, and you will have to persuade the judge to allow deferred adjudication. If this is your first ticket in a while and you can show that you are an otherwise responsible citizen (regularly employed, no other tickets, very sorry you violated the law and want to make amends, will benefit from driving school, etc.), the judge may grant it.
Can I ask the prosecutor to reduce the fine?
You can ask the prosecutor to reduce the fine, but the chances are slim that you will succeed. If you cannot afford to pay the entire fine, ask if you can work out a payment plan.
TIP: Between the gallery (public seating), the judge's bench, the lawyers' tables and the jury box is a railing. This is the "bar." Do not pass through the bar to speak to the prosecutor or anyone else. That area of the courtroom is off-limits unless you are an attorney or have been specifically motioned over by the prosecutor or judge.
Listening to the Judge
At the scheduled time, the judge enters the courtroom to dispose of the citations that have been called for that time-the 10:00 a.m. docket, for example. You will be on the list. As others are called, listen to what they say to the judge and how he responds. These conversations will give you a fair idea of what you can expect. You must stand when the judge calls your name.
TIP: If you are called right away and are waiting to speak to the prosecutor, stand and tell the judge and he will go to the next person.
When a name is called, that person is asked how they want to plead. Some plead "guilty" and explain their situation to the judge, who listens and imposes a fine or sentence. The prosecutor is present and makes her recommendation. The judge has the jacket and makes a note of the judgment-a fine, for example.
Those pleading "not guilty" will have their case set for trial. If you and the prosecutor have worked out a compromise, such as deferred adjudication, the prosecutor will announce it to the judge when your name is called.