Going to Trial
Pleading "not guilty" means you will be going to trial on your ticket. If you were unable to work a deal out with the prosecutor or the court to your satisfaction at your first appearance, a trial may be your only option. Your goal in fighting the ticket is to obtain a "not guilty" verdict and dismissal of your ticket.
TIP: Always go into trial preparation with a view to settling. Your feelings about the unfairness of the ticket may be strong, but keep an open mind. The prosecutor does not want to try a traffic ticket case if she can avoid it. Be open to an offer of dismissal with a reduced fine or other penalty. Your basic goal is to avoid a citation on your driving record, not to prove a point.
Do I have the right to an attorney?
If you are facing a jail sentence and are unable to afford an attorney, you can have one appointed for you. At the time you plead "not guilty" and the case is set for trial, tell the judge you want an attorney but cannot afford one. You will be required to fill out a form listing income and expenses to prove you are indigent.
What if I cannot make the trial date that was set?
If you have pleaded "not guilty" at your first appearance before the court, a trial date will be set. If there is any problem with the date, tell the judge when he is picking the date. It is much easier to avoid a conflict at the outset than to ask for a postponement later.
Will there be a jury?
In some states, you may have the right to a jury with a reduced amount of jurors. Do not immediately waive your right to a jury. Jury trials are a big headache for the prosecutor and give you an advantage in settling the case before it is called for trial.
What is a continuance?
A continuance allows the trial to be postponed, based on a good reason. If you have a valid excuse, the judge is typically lenient the first time you request a continuance. Illness and unavailable witness are grounds for a continuance. The fact that witnesses you asked (rather than subpoenaed as suggested below) to appear did not make it to trial is not a good reason for a continuance.
The prosecution can also ask for a continuance. If you are ready to go to trial, vigorously oppose the continuance. Your opposition to a continuance pressures the prosecutor to settle the case in your favor.
Can I request a continuance if I live out of town and it will be inconvenient for me to appear in court on the trial date?
Yes. The judge will likely grant your first request for this reason. However, the inconvenience should be of a significant nature, such as previously scheduled doctor's appointments, work or school conflicts, or planned travel or vacations with nonrefundable tickets.
How do I ask for a continuance?
You contact the court clerk and explain the reasons you need to continue the trial. Follow up with a letter setting out the reasons and stating that you spoke with the clerk on a specific date.
Is there a deadline for asking for a continuance?
No. The reasons for a continuance can occur an hour before trial or be known in advance. If your reason is a previous engagement, talk to the clerk and send a letter requesting a continuance at least 2 weeks before the trial date. Otherwise, immediately notify the court (via the clerk) when the issue or conflict arises.
How do I know if a continuance has been granted?
The clerk will call you or you will receive a form letter with the new trial date. If you have not heard anything within a week, telephone the clerk and ask if a new trial date has been set.