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Drivers who get tickets often pay them without thinking twice. That may be a mistake. Justia provides a Traffic Tickets Legal Center that explains some key rules in this area and describes how a driver can keep their record clean.
A traffic ticket tends to be less serious than a criminal conviction, but it still can cause significant inconvenience and expense. A driver may want to know what could happen if they get a ticket, as well as how they could potentially fight a ticket and keep points off their license. They also may want to learn about the procedures in these situations, such as what happens during a traffic stop and in court. The Traffic Tickets Legal Center at Justia addresses substantive and procedural issues in this area of law. Here are some answers to basic questions that a driver might raise.
What Happens if I Get a Traffic Ticket?
You likely will not spend time behind bars for a ticket. However, you may need to pay a substantial fine, and you may get “points” on your driver’s license. If you accumulate too many points in a certain time, you could face a license suspension. In addition, a driver could face collateral consequences like increased insurance premiums, especially if they have a series of tickets in a short time or if a violation caused an accident. A driver might be able to avoid or limit the consequences of a ticket by completing a traffic safety course. The availability of traffic school may depend on the state, the type of violation, and the driver’s record.
Can an Officer Search My Car During a Stop?
An officer does not have a blanket right to comprehensively search any car that they stop, but they may be justified in searching a car if they see something incriminating or if the driver does something suspicious during the interaction. To reduce this risk, a driver should behave calmly and naturally to the extent possible. If the police arrest a driver and impound their vehicle, the police may conduct an “inventory search” of the car. Evidence found during this process could result in criminal charges.
What Are Some Ways To Fight a Ticket?
A driver might argue that the officer did not clearly see what was happening or that they misinterpreted what they saw, especially when a citation arises from a subjective judgment that the driver acted “unsafely” under the circumstances. Not every defense relies on showing that the officer made a mistake, though. Perhaps a sign prohibiting a maneuver was not clearly visible. A driver also might fight a ticket by arguing that they broke a rule because it was necessary to avoid a crash, or that their car unexpectedly malfunctioned. On the other hand, claiming ignorance of the law or pointing out that no harm resulted from the violation usually will not get a driver off the hook.
How Do Settlements Work in Traffic Cases?
Rather than going to trial, a driver and a prosecutor in a contested traffic case might reach a compromise. This might involve a reduction in the charge or the fine, or it might involve an agreement to pay the fine in exchange for getting fewer points on a license or avoiding a suspension. If a driver faces multiple charges, they might arrange with the prosecutor to plead guilty to one charge in exchange for getting the others dismissed. A judge would need to approve any proposed settlement, but they usually do.
Can I Ask for a Jury in a Traffic Case?
Drivers in most states do not have a right to a jury in traffic court. In a state that makes a jury trial available, though, this option may work in the driver’s favor. While it can complicate and prolong the proceedings, the jury may be more sympathetic to a driver than a judge would be. The judge will oversee the process of jury selection, which is designed to eliminate biased jurors. A driver also can remove up to a certain number of jurors through “peremptory challenges,” regardless of whether they show bias.
Can I Appeal a Ticket?
You can appeal your ticket, but you may want to think carefully before expending money and effort on this process unless the ticket carries serious consequences, such as a license suspension. Appeals generally are limited to a review for legal errors by the trial judge that were significant enough to affect the result. This type of appeal rarely succeeds. However, some states allow a driver to ask for a “trial de novo,” which means that they can present their case for a second time to a new decision-maker. This might offer a better chance of success.
Can I Talk on the Phone While Driving?
Many states prohibit the use of handheld cell phones while driving, with some exceptions like emergencies. Hands-free use is generally allowed. (Texting while driving is almost universally prohibited.) New or very young drivers may face tougher laws. A violation may result in a fine and points on a license. Justia provides a 50-state survey on distracted driving laws that covers the nuances of handheld and texting bans, as well as potential penalties. Drivers also should be aware that local ordinances may impose tighter restrictions than those at the state level.
Can I Get a Speeding Ticket if I Drove Below the Posted Limit?
You could potentially get a speeding ticket if you drove below the posted limit when driving at that speed would not be safe in the circumstances. For example, an officer might issue a ticket to a driver who does not reduce their speed during a severe storm. This type of speed limit is often called a “basic speed limit,” in contrast to the “absolute speed limit” indicated by posted signs. Unless the driver was involved in an accident, a prosecutor may struggle to prove that a driver was traveling too fast to be safe if they complied with the posted limit. Even if an accident occurred, a driver might beat the ticket if they can show that something else caused the crash.
How Can I Fight a Ticket for Tailgating?
If the driver in front of you slammed on the brakes without a valid reason, this might have suddenly reduced the distance between the two cars through no fault of yours. Or you might have a strong defense if you were traveling on a road with multiple lanes, and a driver in another lane cut between the front car and you when there was minimal space for this maneuver. However, you cannot beat a tailgating ticket by arguing that the front driver was traveling too slowly, even if this violates a traffic law. Drivers must adapt to the situation and prioritize safety at all times.
Is There Any Way To Fight a Ticket Based on a Red Light Camera?
A driver may have a defense to a ticket based on a red light camera if law enforcement did not follow any applicable requirements under state law about signs providing notice to drivers of these cameras. Alternatively, they can review the photos that form the basis of the citation to see whether they clearly show the license plate number and the driver. A driver also might be able to raise certain evidentiary objections, question whether the camera functioned correctly, or argue that they ran the light because they were dealing with an emergency or trying to avoid an impending crash.
Final Thoughts
Often, a driver accepts liability for a ticket without exploring whether they may have a way to fight it or at least limit its impact. Paying the fine and absorbing points on a license may be inevitable in some cases, but others are less straightforward. If a driver has questions about the law and their options in a specific situation, they may want to research the topic and possibly consult a traffic ticket lawyer who serves their community. In the meantime, the Traffic Tickets Legal Center offers a readable overview of some key concepts in this area. Like the other Justia Legal Guides, it furthers our mission of making the law free and accessible to all.
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