What to Do If You Get a Traffic Ticket

So there you are, driving down the highway minding your own business and you see it; the police car behind you with its red and blue lights flashing and its driver, a police officer, is ready to give you a ticket.  After a few seconds of thinking - “Is this officer trying to pull me over?-” you realize that you are, indeed, the intended target.

You safely pull your vehicle to the side of the roadway, stop and try to hide your nervousness, frustration or anger.   You are greeted by a police officer who tells you that you were speeding and requests to see your driver’s license.  After you hand over the requested document and wait several agonizing moments, the officer returns with a charging document, a speeding ticket.  

At the conclusion of the traffic stop, you drive off and consider your options: pay the fine, go to court and fight the ticket or do nothing.   This decision is on the minds of thousands of motorists daily who are faced with the same dilemma.

Pay the Fine

In the case of most minor traffic violations, such as speeding, many states grant violators the option to pay a predetermined fine without having to appear in court.  However, paying the fine without going to trial is considered an admission of guilt.  Points may be assessed to the violator’s driving record and there is no opportunity to dispute the charge or appeal the fine.  When this type of disposition appears on a driving record, the driver’s insurance rates may increase. 

Go to Court

All motorists are afforded the opportunity to dispute a traffic citation, such as a speeding ticket, in a court of law.  If a driver who received a traffic ticket believes that he or she did not commit the violation, the driver can enter a “not guilty” plea.  This requires the state’s witness, in this case the police officer who issued the citation, to prove beyond a reasonable doubt that the driver committed the violation.

 In the case of a speeding ticket, evidence must be presented such as the officer’s certification to use speed measuring devices like radar and liar units.   Additionally, these speed measuring devices must be calibrated regularly and certificates must be available proving their accuracy. 

Most police officers are prepared for just about any defense and police agencies generally make it a priority to ensure that the equipment that officers use for speed enforcement are properly calibrated with documentation available to prove it.  Some traffic violators use the strategy of requesting a court trial in the hope that the police officer will not appear to present evidence.

This practice does not usually work in the violator’s favor as the majority of police officers appear in court prepared to present evidence.   It is in the police officer’s best interest to appear in court as it is required by law and failing to do so may result in disciplinary action.   Also, many police departments pay police officers overtime for their court appearances that occur outside of their regular duty schedule. 

The best way to beat a speeding ticket in court is to be honest and ethical throughout all proceedings.  The most common ways to defeat a speeding ticket are to demand that all certificates be presented in court, be able to clearly and honestly articulate a defense and remain polite and courteous at all times.  Depending on the state, there are several findings that can be granted by the court.  They range from findings that exonerate the driver of any wrongdoing to dispositions that include fees, points and penalties being imposed. 

Do Nothing    

A decision must be made on how to resolve a speeding charge.  If a person who receives a traffic citation does nothing, it will almost certainly result in a suspended license, enhanced penalties and possibly jail time.  Ignoring a speeding ticket or a court date does not make it go away.  Always do something.

All states adjudicate traffic charges differently.  When trying to decide on whether to pay a speeding ticket or go to court to fight the charge, a risk/benefit analysis must be performed.  Legal counsel may be able to provide guidance to assist in making a decision.  Research can be conducted by consulting legal literature and relevant Internet websites.

This decision can truly dominate a person’s thoughts and cause sleepless nights.  It shouldn’t.   For those who have gotten a speeding ticket and have little or no traffic violation history and if the traffic charge isn’t egregious, the worst case scenario often includes a small fine, court costs and a half day of missed work.

Also Read:
Understanding the "Move Over" Law