going to traffic court worth it?

[ludovicbreger]

I got a traffic violation for not completely stopping at a stop sign. I am hesitating between paying the ticket and going to traffic school or going to court, pleading guilty and asking for a reduced fine and traffic school. So the questions are:

1- Is there any hope to get a reduced fine?
2- Do I have anything to loose by going to court and arguing that there was no one around, that I was going extremely slowly and that my driving and DMV record is otherwise impeccable? That is, can the judge actually increase the fine from what it currently is or refuse traffic school?

Thanks -

[1fastredsc]

He cannot increase the fine that i'm aware of. But you'll have to pay court charges for him to sit there and listen to your plea. So if he doesn't let you off with something smaller, then you have to pay your current ticket plus court fees.

[TerryH]

I'm no expert, but I feel getting a reduced fine is remote in this case. Usually to reduce the fine, the infraction needs to be reduced. You allegedly didn't run a SLOW sign.

Either you stopped or you didn't and if you didn't you don't have a case unless you want to fib. Unfortunately, if it comes down to believing you or the cop, you will almost always lose. You can always hope the officer doesn't show if you decide to fight it.

But if the officer shows up for court, have a better reason than "there was no one around"!

[dweymer]

Judges have the authority to increase the fine, and jail time for traffic violations up to the maximum penalty for said violation, which is higher than what you owe now. Trust me.

[Formerly Steve Wilkinson]

The way it works in New York is that if you bother going to court and the ticketing officer is there, he simply and automatically gives you a lower, usually non-moving-violation ticket (taillight out, seatbelt off, etc.) He or she doesn't even want to hear your excuse, it's an atuomatic process. Assuming the charge isn't DUI or 95 in a 25, that is. I >always< go to court, even if it means a three-hour round trip to somewhere Upstate, because this is what always happens. Might be different in a big city, I dunno, but this is the way town courts always handle it.

Naturally, if you go and the cop isn't there--some personal reason that interfered with his attending, say--the ticket is thrown out, and this has also happened to me once or twice.

Stephan

[Weaver]

Originally posted by ludovicbreger
DMV record is otherwise impeccable?

Why on earth would you go to traffic school if your record is "impeccable"? I don't know about traffic laws in CA, but growing up in the state of Georgia, i recieved 16 points on my licence in four years. My licence was revoked and I had to take drivers school to get in back. The problem was you can only take the class once in 7 years in GA. How many points is a stop sign violation in CA? 1 or 2 points?

Just mail in the fine. What is it? $100 or less. You got caught, its just a stop sign, pay the fine.

[Tim L]

In CT it’s the same as what Stephan describes. If you go to court you talk to the prosecutor and he won’t even want to hear your story (you can mention the good record). Then they usually make you pay a donation or a nonmoving violation. Bring cash because you pay on the spot and they don’t take checks. That’s the way it is in CT

[swbsam]

fight,fight,fight


you have nothing to lose and everything to gain.


you show up, and the cop doesn't = case dismissed


you show up, and the cop shows up = you ask and get traffic school ( which you can do online in a couple of hours ) you pay the fine and a fee to go to traffic school but nothing goes on your record.


you send in the money = your out the money and it goes on your record


kind of a no brainer if you ask me.

[KFC911]

Originally posted by Weaver
Why on earth would you go to traffic school if your record is "impeccable"? ....

I'm sure it varies by state, but anything you can do to keep points off of your insurance is worth it IMO. My first ticket in FL many years ago (that I should have contested) was a 'freebie' as far as points, but I didn't get the 'free pass' on the second (legitimate) ticket...thus my insurance went up quite a bit.

[JackT]

Every state is different. You need to check with an attorney friend in California. Depending on your age (how long you have been driving without a violation), and the frame of mind of the Judge, you may can get the charge changed to something that will not effect your future insurance premiums. I dont know what that lesser charge would be in California. The insurance premium increase is where running a stop sign charge is going to really effect you.

[Jack Olsen]

In my opinion, it's not going to be worth a day of your time for the outside chance of a reduced fine.

You definitely want to attend traffic school if you live in California. This will keep your record clean and your insurance rates from going up. The cost of even an expensive ticket is small compared to your insurance rates doubling or tripling. (Ask me how I know.)

Attend online traffic school. It takes a couple of hours, and you can read a magazine while you do it.

[na2ub]

Columbus, OH - A ticket in the city can be reduced to a muffler violation with no points if you show up. That saves the courts time, which is important because they are busy. That said, that is for the city. Suburbian courts usually have more time on their hands, and will hear your case and not reduce the fine. I am speaking from the experience my roommate had.

[swbsam]

Originally posted by JackOlsen
(Ask me how I know.)

Jack tell us more ?

[Rick Lee]

I agree with Sam.

FIGHT, FIGHT, FIGHT. NEVER SURRENDER. Do not just write them a check. You will get a reduced fine at the very least.

[Jack Olsen]

Just that I got two tickets in six months, and -- on top of an at-fault claim for a parking lot bump -- my rates went through the roof for a while.

I believe (although I could be wrong) that when you plead not guilty in court, you waive your right to traffic school.

[ttweed]

Originally posted by swbsam
fight,fight,fight
you have nothing to lose and everything to gain.

This is absolutely correct, and the good news is you can do it by mail in CA!

Go to this site and read up on your rights. You can request a trial by written declaration, and if the officer doesn't respond, it's dismissed. If you don't like the outcome, you can still request a Trial de Novo and have your day in court. All the forms you need are right here.

If you lose both of these processes, you can still request traffic school in court and have it not go on your record (once every 18 months in CA.)

Don't ask me how I know this, but suffice it to say you need to look to the sky as well as in front and behind you when driving the I-5 in central CA.

TT

[jmarenas]

over pay the ticket, the court will then send you a check for the amount OVER, DO NOT CASH IT! The transaction is NOT complete and thus can not place violation on your record....I have done a few times, it WORKS! Good Luck

[Rick Lee]

Originally posted by jmarenas
over pay the ticket, the court will then send you a check for the amount OVER, DO NOT CASH IT! The transaction is NOT complete and thus can not place violation on your record....I have done a few times, it WORKS! Good Luck

Urban legend and it does not work.

[swbsam]

Originally posted by JackOlsen
I believe (although I could be wrong) that when you plead not guilty in court, you waive your right to traffic school.

it's not a question of waving anything, it's up to the judge, usually the bailiff will come out and explain how things work, the point is if the officer shows up then unless you can prove to the judge that the officer was wrong or that something about the way the ticket was written is incorrect ( like he wrote down the wrong violation ) then there is no reason to plead your case, they will tell you if the officer is their and in most cases they will call your name and ask how you wish to plead ( the bailiff will already have told everyone if you fight and lose the judge won't let you take traffic school so that's the time to ask for traffic school ) at that point it's pertty much a done deal just pay the fine and go home and do it on line.

sometimes the paper work you get in the mail will ask if you want traffic school, if it does then you could do it that way but if you had gone to court and the officer didn't show you would have gotten off scot-free ( and yes it does happen, I've had it happen twice and it's a great feeling )

[TerryH]

Originally posted by jmarenas
over pay the ticket, the court will then send you a check for the amount OVER, DO NOT CASH IT! The transaction is NOT complete and thus can not place violation on your record....I have done a few times, it WORKS! Good Luck

Maybe in Australia.

http://www.snopes.com/autos/law/ticket.asp