Check your options
Read both sides of the ticket. It will probably outline a number of ways you can proceed, from writing a check to going to court to fight. The middle ground may include taking a safe-driving course; if you complete the course, the ticket won't go on your record. Such a course can cost from $40 to more than $100 (on top of any fine you may have to pay) and typically lasts four to eight hours. In some states, including California and Florida, you can take the course online. There is a limit, however, on how often you can use this option to protect your record; once every 12 to 24 months is typical.
As in the case of the Maryland man cited earlier, judges may have the authority to keep a ticket off your record and away from insurers if you fulfill certain obligations. These may include paying the fine and court costs; avoiding violations for, say, six months to a year; and possibly performing community service or attending a driver's safety school. You can use such an option only once in three years in North Carolina (for a whole household), and once in seven years in Washington. But if you hold up your end of the bargain, the ticket disappears. Florida will forgive one moving violation a year -- and up to five in a lifetime. To keep your record clean in the Sunshine State, you must pay a fine, court costs and go to traffic school.
If such options are not available, you may still be able to limit the damage by plea-bargaining. Request a court date to present your case -- perhaps to show that your speedometer was faulty -- and then ask the prosecutor for a deal. To avoid clogging the docket, a prosecutor may offer to reduce the fine and points, especially for first-time violators, says former New York prosecutor Marcia Cunningham of the National Traffic Law Center.
Before you decide how much effort to go to, call your insurer to see how the ticket could affect your rates. The more severe the consequences, the more important it is to take advantage of ways to hold down the damage.
Do it yourself?
You don't really need to consult with a lawyer if you're going to ask for a deferral or a reduction in your fine or points, or if you want to see if you can work out a deal with prosecutors. You can normally handle those kinds of matters at an informal meeting with a judge, hearing officer or prosecutor. And if you think that your case is a strong one, you can plead not guilty and even go to trial on your own.
Traffic courts are relatively informal as far as courts go. Most jurisdictions treat speeding tickets as petty criminal offenses, with no right to a jury trial. Other places treat tickets as civil offenses. In either case, if the officer doesn't show up in court, you almost always win. (In some places, though, the officer doesn't have to be there.)
In many jurisdictions, you have a broad right to ask for the officer's notes, records about the radar unit used and other information to help prepare your case. If you can get this information, look for discrepancies in the description of your car's make and color; the lane you were in; road, traffic and weather conditions; and where the officer was when he tagged you. "If you can raise doubt, you can win," says Judge Peter Evans, head of the Florida traffic-adjudication program.
One good source of information about the system and procedures is the clerk of the court with jurisdiction over your case. Other good resources include Brown's book, other books from legal self-help publisher Nolo Press, and for state speed laws, the National Highway Traffic Safety Administration.
You can also get a packet of materials on how to fight a speeding ticket from the National Motorists Association. The packet rents for $30 for one month; you'll also need a $155 deposit, which you get back when you return the materials.
If all this sounds like too much work, you can hire a lawyer for anywhere from $300 to $1,000 or more (if you go to trial). Be sure to get one familiar with the traffic laws and practices where you were ticketed.
Don’t try these excuses
Martin Kron, a former judge turned traffic lawyer in New York City, muses over a case that came up in his court. A fellow who was representing himself on a speeding violation called his mother as a witness. She testified that her son had been bringing her a set of family-heirloom china. Since the china arrived without a scratch, the mother explained, her son couldn't possibly have been speeding. Here are some other gems that won't work:
• Everybody was going the same speed. Marcia Cunningham of the National Traffic Law Center says, "Many times I've heard a judge say, 'The river is full of fish. You can't snag them all.'"
• He's picking on me because I drive a red sports car. This is a nonstarter.
• The radar was wrong. It's possible, but the odds are against beating a radar-based citation, especially if you don't have the radar records as evidence and can't point to specific errors the officer made.
• I was going to see my sick [fill in the blank]. This never works unless the judge dies laughing. Even then, the case would probably be rescheduled.
Do you know why I pulled you over?
If a patrol car pulls up behind you with lights flashing, the key to the next few minutes is keeping things safe for you and the officer. Slow down and carefully pull over to the right shoulder, making sure to use your turn signal.
If you are uncomfortable stopping in a relatively unpopulated or unlighted area, slow down, turn on your hazard lights and indicate by a hand signal that you are going up ahead. Then pull over as soon as you get to a more populated area. Police officers understand this concern.
If it's nighttime, turn on your dome light once you have stopped. Stay in the car, unless you are told to get out. "It's a challenge to the officer when you get out," says Rich Whitcomb, director of driver training for the American Automobile Association.
Roll down the window and keep your hands in view on the steering wheel. If you have to get your driver's license, registration or insurance card from the glove box, a purse or other enclosed area, tell the officer before you do it.
In an ordinary speeding case, the decision whether to issue a warning or a citation is left to the discretion of the police officer, who has probably already made up his mind. Be polite, but don't volunteer any information. "The officer is going to try to get you to say you were speeding," says Eric Skrum of the National Motorists Association, a motorist-advocacy group. "If you admit guilt, it will go in his notes and be used against you if you go to court."
When asked if you know why you were stopped, do not commit yourself. Just say something like, "I'm not sure." If the officer says you were speeding, respond with, "I see," or say nothing. Silence doesn't equal an admission of guilt, nor does signing the ticket. You are simply acknowledging receipt of a copy of the ticket.
If you are pulled over out-of-state, don't assume that paying the ticket promptly will prevent the infraction from being reported to your home state -- even if the officer suggests that that's the case. Just about all states share information about driving infractions.
Read both sides of the ticket. It will probably outline a number of ways you can proceed, from writing a check to going to court to fight. The middle ground may include taking a safe-driving course; if you complete the course, the ticket won't go on your record. Such a course can cost from $40 to more than $100 (on top of any fine you may have to pay) and typically lasts four to eight hours. In some states, including California and Florida, you can take the course online. There is a limit, however, on how often you can use this option to protect your record; once every 12 to 24 months is typical.
As in the case of the Maryland man cited earlier, judges may have the authority to keep a ticket off your record and away from insurers if you fulfill certain obligations. These may include paying the fine and court costs; avoiding violations for, say, six months to a year; and possibly performing community service or attending a driver's safety school. You can use such an option only once in three years in North Carolina (for a whole household), and once in seven years in Washington. But if you hold up your end of the bargain, the ticket disappears. Florida will forgive one moving violation a year -- and up to five in a lifetime. To keep your record clean in the Sunshine State, you must pay a fine, court costs and go to traffic school.
If such options are not available, you may still be able to limit the damage by plea-bargaining. Request a court date to present your case -- perhaps to show that your speedometer was faulty -- and then ask the prosecutor for a deal. To avoid clogging the docket, a prosecutor may offer to reduce the fine and points, especially for first-time violators, says former New York prosecutor Marcia Cunningham of the National Traffic Law Center.
Before you decide how much effort to go to, call your insurer to see how the ticket could affect your rates. The more severe the consequences, the more important it is to take advantage of ways to hold down the damage.
Do it yourself?
You don't really need to consult with a lawyer if you're going to ask for a deferral or a reduction in your fine or points, or if you want to see if you can work out a deal with prosecutors. You can normally handle those kinds of matters at an informal meeting with a judge, hearing officer or prosecutor. And if you think that your case is a strong one, you can plead not guilty and even go to trial on your own.
Traffic courts are relatively informal as far as courts go. Most jurisdictions treat speeding tickets as petty criminal offenses, with no right to a jury trial. Other places treat tickets as civil offenses. In either case, if the officer doesn't show up in court, you almost always win. (In some places, though, the officer doesn't have to be there.)
In many jurisdictions, you have a broad right to ask for the officer's notes, records about the radar unit used and other information to help prepare your case. If you can get this information, look for discrepancies in the description of your car's make and color; the lane you were in; road, traffic and weather conditions; and where the officer was when he tagged you. "If you can raise doubt, you can win," says Judge Peter Evans, head of the Florida traffic-adjudication program.
One good source of information about the system and procedures is the clerk of the court with jurisdiction over your case. Other good resources include Brown's book, other books from legal self-help publisher Nolo Press, and for state speed laws, the National Highway Traffic Safety Administration.
You can also get a packet of materials on how to fight a speeding ticket from the National Motorists Association. The packet rents for $30 for one month; you'll also need a $155 deposit, which you get back when you return the materials.
If all this sounds like too much work, you can hire a lawyer for anywhere from $300 to $1,000 or more (if you go to trial). Be sure to get one familiar with the traffic laws and practices where you were ticketed.
Don’t try these excuses
Martin Kron, a former judge turned traffic lawyer in New York City, muses over a case that came up in his court. A fellow who was representing himself on a speeding violation called his mother as a witness. She testified that her son had been bringing her a set of family-heirloom china. Since the china arrived without a scratch, the mother explained, her son couldn't possibly have been speeding. Here are some other gems that won't work:
• Everybody was going the same speed. Marcia Cunningham of the National Traffic Law Center says, "Many times I've heard a judge say, 'The river is full of fish. You can't snag them all.'"
• He's picking on me because I drive a red sports car. This is a nonstarter.
• The radar was wrong. It's possible, but the odds are against beating a radar-based citation, especially if you don't have the radar records as evidence and can't point to specific errors the officer made.
• I was going to see my sick [fill in the blank]. This never works unless the judge dies laughing. Even then, the case would probably be rescheduled.
Do you know why I pulled you over?
If a patrol car pulls up behind you with lights flashing, the key to the next few minutes is keeping things safe for you and the officer. Slow down and carefully pull over to the right shoulder, making sure to use your turn signal.
If you are uncomfortable stopping in a relatively unpopulated or unlighted area, slow down, turn on your hazard lights and indicate by a hand signal that you are going up ahead. Then pull over as soon as you get to a more populated area. Police officers understand this concern.
If it's nighttime, turn on your dome light once you have stopped. Stay in the car, unless you are told to get out. "It's a challenge to the officer when you get out," says Rich Whitcomb, director of driver training for the American Automobile Association.
Roll down the window and keep your hands in view on the steering wheel. If you have to get your driver's license, registration or insurance card from the glove box, a purse or other enclosed area, tell the officer before you do it.
In an ordinary speeding case, the decision whether to issue a warning or a citation is left to the discretion of the police officer, who has probably already made up his mind. Be polite, but don't volunteer any information. "The officer is going to try to get you to say you were speeding," says Eric Skrum of the National Motorists Association, a motorist-advocacy group. "If you admit guilt, it will go in his notes and be used against you if you go to court."
When asked if you know why you were stopped, do not commit yourself. Just say something like, "I'm not sure." If the officer says you were speeding, respond with, "I see," or say nothing. Silence doesn't equal an admission of guilt, nor does signing the ticket. You are simply acknowledging receipt of a copy of the ticket.
If you are pulled over out-of-state, don't assume that paying the ticket promptly will prevent the infraction from being reported to your home state -- even if the officer suggests that that's the case. Just about all states share information about driving infractions.
