Traffic Tickets - when to hire a lawyer

stoopid · 06-25-2015, 03:08 PM

This thread (along with the many prior) raises some interesting questions (and dubious suggestions).

So what are the conditions for hiring an attorney?

Let's assume first that you're willing to "fight" the ticket yourself. This is an important clarification, as some people can't handle the stress of dealing with courts, can't/won't spend the time in court (typically 2 hours or less, but can be longer), have a lot of points on their license already, or have money to throw at problems as they arise. If you're willing to show up to court, but aren't sure if an attorney will be necessary, then read on.

The factors in deciding on whether the typical District Attorney (DA) is going to throw the book at you are varied, but are generally along these lines:

* Do you have prior tickets and points on your license?
* What types of tickets and how many points? If you're close to suspension in points then get a lawyer, if you have one or more speeding tickets or moving violations it may also be wise to just get a lawyer. If you have no points/prior tickets on your driving record, then you are likely to receive a reduction.
* What type of ticket have you received? Is it a 35+MPH speeding ticket? Reckless driving? DUI/DWI? Was there an accident/insurance claim? If none of these apply then there's a good chance you can plea to a lesser charge and pay a slightly higher fine.

What typically happens is you send in your not guilty plea. Most of the time nowadays (especially in larger cities) the deposition from the cop will appear printed on your ticket. There is no reason to request one.

You will receive a court date (appearance, often referred to as a pre-trial). This is with the DA, at which time they may offer or you can try to negotiate a lesser charge. What they offer you or you can negotiate is entirely arbitrary based on:

* Local Practices - some towns are very strict at enforcing penalties, but most are just looking to get money from your wallet.
* How many points/tickets you have on your license - if you have points but no moving violations or speeding tickets, then you have some negotiating power.
* The type of ticket you received - low MPH speeding tickets and infractions like driving through a stop sign or talking on your cell phone are almost always plead to a lower charge with a slightly higher fine, even with existing points.

If agreeable by the judge, you could get 'parking on the side of the highway' which does not carry any points, and the judge would assign a fine. The amount of the fine set to fit the crime. A larger, reduced speeding ticket would carry a higher fine than driving through a stop sign.

[Note: One myth is that the cop doesn't show and you get the charge thrown out. This does not always apply, and in many places now the DA is given the power to prosecute without the need for the cop to be present. This is a technicality angle and you shouldn't rely on this as a plan of attack.]

Situations where an attorney would likely be necessary:

* You have prior reductions still on your driving record, like a 2 point "failure to obey a traffic control device," which is a major tell to a DA and judge that you had a prior reduction since that's the only time this particular ticket is ever issued.
* You are young. Hate to say it, but courts treat 20 year olds different than 50 year olds.
* The ticket was for a major infraction like drunk driving, reckless driving, or excessive speed. These are rarely reduced without the help of legal representation.

So what's the point of this thread? It's about paying your penalty, but not screwing yourself in the process. Pleading guilty and sending in the fine is only going to hurt you in the long run. It makes the most sense for YOU to plea not guilty in nearly all imaginable situations. Tickets, especially more serious violations, linger on a driving record for a very long time. Insurance companies regularly check their client's records to see if new tickets appear that may cause them to move to a higher risk pool and increase rates. Additionally, should you get another ticket before one of the prior tickets falls off your driving record it will hurt your ability to fight the charge yourself (for the reasons discussed above).

This brings me to the conclusion - if you don't have to hire an attorney, don't. Attorneys cost money, often $200+ for an appearance. Unless you're facing a situation as outlined above where you are unlikely to get a reduction on your own, there is no need to spend that money. Even if the court/DA doesn't want to reduce the charge, you still have the opportunity then to hire a lawyer. Pleading not guilty and representing yourself at the pre-trial is win/win for you.

stoopid · 06-25-2015, 03:12 PM

Some other related tidbits:

How long a ticket stays on your license varies state to state. Commonly 3.5-4 years depending on what they consider the beginning/end of the calendar year and when your ticket hit your record. Most states share tickets with other states, but there are a few exceptions. If you get a ticket while out of state, check to see if that other state will even report back to your DMV. If not, just pay the ticket and no worries.

If you get a reduction to a non-moving violation, this will not raise your insurance rates.

Insurance companies only look at your driving record. Once something falls off your record they can no longer hold the prior infraction against you.

Insurance companies do track accidents/raise your rates for up to 5 years:

http://www.carinsurance.com/auto-ins...ng-record.aspx

URBAN LEGEND · 06-25-2015, 03:39 PM

I'll always get a lawyer for other than non moving violations. That will never change.

stoopid · 06-25-2015, 03:52 PM

This is about arming people with information so they can make their own, informed decision.

06-25-2015, 03:08 PM	#1
stoopid Drives: 4 wheels Join Date: Mar 2014 Location: anyplace, USA Posts: 1,177	Traffic Tickets - when to hire a lawyer This thread (along with the many prior) raises some interesting questions (and dubious suggestions). So what are the conditions for hiring an attorney? Let's assume first that you're willing to "fight" the ticket yourself. This is an important clarification, as some people can't handle the stress of dealing with courts, can't/won't spend the time in court (typically 2 hours or less, but can be longer), have a lot of points on their license already, or have money to throw at problems as they arise. If you're willing to show up to court, but aren't sure if an attorney will be necessary, then read on. The factors in deciding on whether the typical District Attorney (DA) is going to throw the book at you are varied, but are generally along these lines: * Do you have prior tickets and points on your license? * What types of tickets and how many points? If you're close to suspension in points then get a lawyer, if you have one or more speeding tickets or moving violations it may also be wise to just get a lawyer. If you have no points/prior tickets on your driving record, then you are likely to receive a reduction. * What type of ticket have you received? Is it a 35+MPH speeding ticket? Reckless driving? DUI/DWI? Was there an accident/insurance claim? If none of these apply then there's a good chance you can plea to a lesser charge and pay a slightly higher fine. What typically happens is you send in your not guilty plea. Most of the time nowadays (especially in larger cities) the deposition from the cop will appear printed on your ticket. There is no reason to request one. You will receive a court date (appearance, often referred to as a pre-trial). This is with the DA, at which time they may offer or you can try to negotiate a lesser charge. What they offer you or you can negotiate is entirely arbitrary based on: * Local Practices - some towns are very strict at enforcing penalties, but most are just looking to get money from your wallet. * How many points/tickets you have on your license - if you have points but no moving violations or speeding tickets, then you have some negotiating power. * The type of ticket you received - low MPH speeding tickets and infractions like driving through a stop sign or talking on your cell phone are almost always plead to a lower charge with a slightly higher fine, even with existing points. If agreeable by the judge, you could get 'parking on the side of the highway' which does not carry any points, and the judge would assign a fine. The amount of the fine set to fit the crime. A larger, reduced speeding ticket would carry a higher fine than driving through a stop sign. [Note: One myth is that the cop doesn't show and you get the charge thrown out. This does not always apply, and in many places now the DA is given the power to prosecute without the need for the cop to be present. This is a technicality angle and you shouldn't rely on this as a plan of attack.] Situations where an attorney would likely be necessary: * You have prior reductions still on your driving record, like a 2 point "failure to obey a traffic control device," which is a major tell to a DA and judge that you had a prior reduction since that's the only time this particular ticket is ever issued. * You are young. Hate to say it, but courts treat 20 year olds different than 50 year olds. * The ticket was for a major infraction like drunk driving, reckless driving, or excessive speed. These are rarely reduced without the help of legal representation. So what's the point of this thread? It's about paying your penalty, but not screwing yourself in the process. Pleading guilty and sending in the fine is only going to hurt you in the long run. It makes the most sense for YOU to plea not guilty in nearly all imaginable situations. Tickets, especially more serious violations, linger on a driving record for a very long time. Insurance companies regularly check their client's records to see if new tickets appear that may cause them to move to a higher risk pool and increase rates. Additionally, should you get another ticket before one of the prior tickets falls off your driving record it will hurt your ability to fight the charge yourself (for the reasons discussed above). This brings me to the conclusion - if you don't have to hire an attorney, don't. Attorneys cost money, often $200+ for an appearance. Unless you're facing a situation as outlined above where you are unlikely to get a reduction on your own, there is no need to spend that money. Even if the court/DA doesn't want to reduce the charge, you still have the opportunity then to hire a lawyer. Pleading not guilty and representing yourself at the pre-trial is win/win for you. Last edited by stoopid; 06-25-2015 at 03:44 PM.

06-25-2015, 03:12 PM	#2
stoopid Drives: 4 wheels Join Date: Mar 2014 Location: anyplace, USA Posts: 1,177	Some other related tidbits: How long a ticket stays on your license varies state to state. Commonly 3.5-4 years depending on what they consider the beginning/end of the calendar year and when your ticket hit your record. Most states share tickets with other states, but there are a few exceptions. If you get a ticket while out of state, check to see if that other state will even report back to your DMV. If not, just pay the ticket and no worries. If you get a reduction to a non-moving violation, this will not raise your insurance rates. Insurance companies only look at your driving record. Once something falls off your record they can no longer hold the prior infraction against you. Insurance companies do track accidents/raise your rates for up to 5 years: http://www.carinsurance.com/auto-ins...ng-record.aspx Last edited by stoopid; 06-30-2015 at 11:56 AM.

06-25-2015, 03:39 PM	#3
URBAN LEGEND Drives: 20 X3M CP & 19 ZL1 1LE A10 Join Date: Jun 2013 Location: Brenham, TX Posts: 3,517	I'll always get a lawyer for other than non moving violations. That will never change. __________________ 🔺22 RS E TRON GT 🔺21 Model S Plaid

06-25-2015, 03:52 PM	#4
stoopid Drives: 4 wheels Join Date: Mar 2014 Location: anyplace, USA Posts: 1,177	This is about arming people with information so they can make their own, informed decision.