how to fight a ticket in court without an attorney

Although you don't have the right to an appointed attorney, you may be able to hire a traffic attorney who can help you fight the ticket. 2 Consider traffic school. In many jurisdictions, you can attend traffic school and have a minor violation dismissed.

Full Answer

What happens if you don’t have an attorney to fight a ticket?

Aug 05, 2015 · That is, let the court clerk know you are there. They will tell you that a prosecutor (or whoever handles these in your jurisdiction) is in a conference room or some such. You will …

Is it worth it to hire a traffic ticket attorney?

The court, most like the judge, will ask you how you plead. The responses are “guilty”, “not guilty”, or “no contest”. Do not plead “guilty”. You would have been better off paying the ticket online …

Can a lawyer represent you in traffic court without being present?

What happens if you don’t respond to a traffic ticket?

Challenge The Officer's Subjective Conclusion

In many states, with many tickets, it's possible -- and sometimes even fairly easy -- to challenge the police officer's view of what happened. This...

Challenge The Officer's Observations

In cases where your state law requires an objective observation by the officer (not a judgment call about whether your action was safe), it often b...

Prove Your Conduct was A "Mistake of Fact"

Judges are allowed some leeway in considering circumstances beyond your control. If you can show that you made an honest and reasonable error, a ju...

Prove Your Conduct was "Legally Justified"

You may also successfully argue that your actions were "legally justified" considering the circumstances of your alleged violation. For example, if...

Prove Your Conduct was Necessary to Avoid Harm

Emergencies not of your own making are often another legal "necessity" defense, recognized in all 50 states. To take an extreme example, you should...

Can a driver beat a ticket in court?

Although there's not much actual strategy involved, drivers sometimes beat tickets in court just by showing up. At traffic trials, the driver and the officer who wrote the ticket must be present. If the driver shows up and the officer doesn't, the driver generally wins without having to do anything.

What does it mean when you get a traffic ticket?

When you get a traffic ticket, it basically means you're accused of violating a traffic law. But the government can't penalize you for the violation unless you're actually convicted (either by admitting the violation or being found guilty at trial ). If you're considering fighting your ticket, here are some strategies you might want to consider.

Can an emergency be justified under the necessity defense?

Emergencies—not of your own making—can justify a violation under the "necessity" defense. The key to this defense is to prove that it was necessary to commit the violation in order to avoid a much greater harm. For example, an unlicensed driver who nevertheless gets behind the wheel to transport a seriously injured child to the hospital could likely beat a ticket for driving without a license under the necessity defense.

Can you get a traffic ticket dismissed?

Getting the Traffic Ticket Dismissed. First of all, it's usually best to not pay the ticket if you have decided to try to get it dismissed. Although it's not true in all states, a lot of times paying the ticket is an admission of guilt. Of course, don't just ignore the ticket - find out how you can get your day in court to fight the ticket.

Is a traffic ticket a criminal offense?

While a traffic ticket is technically a criminal violation, most states have a separate court to deal with traffic violations. These courts typically have fewer procedures and people can usually handle the process without an attorney. But, if you have questions about your ticket or would like to learn about your legal options, ...

What happens if an officer doesn't show up?

Since everyone has a constitutional right to question their accuser, when an officer doesn't show up, it usually results in an automatic dismissal of the ticket. There are a couple actions you can take to increase your chances of getting a no show.

What is a motion in court?

A motion is a request for a court to do something in a case that is currently open in that court. Therefore, a motion can be filed only in a case that is open and still in progress.

How to check if a court has a blank motion?

1. Check if the court has blank motion forms. Some courts have "check the boxes" or "fill in the blank" motion forms. Look for these forms on the court's website, or contact the clerk of the court where your case has been assigned. If your court does not have blank motion forms, don't use a blank form from another state.

What is a caption in a motion?

Typically, the caption includes the name of the court, the name of the parties, and the case number. This information should always remain in the same form in all documents filed in your case, both in content and format. Simply copy the caption from a previous document into your motion. Title your motion.

What happens if you don't violate traffic rules?

If you don’t violate traffic rules and this is your first ticket then you may just pay the fine and get away with it but it will keep a track of the violation in your records.

What to do if you are charged with a traffic violation?

If you consider fighting for your traffic ticket without going to court, then you may need to hire an attorney that may defend you on your behalf if you are charged with driving violation or infractions.

Can you go to jail for a traffic violation?

When you decide to fight for your traffic violation ticket that made you served with a fine, probably, you may also need to serve prison time depending on the complexity of the violation and the damages done.

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Warnings

Never pay a traffic ticket if you're planning on fighting it. In nearly every jurisdiction, paying a traffic ticket constitutes an admission of guilt.

About This Article

This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. This article has been viewed 1,916,502 times.

Is it worth hiring a lawyer for a traffic ticket?

It generally depends on the circumstances. For many people, hiring an attorney for a traffic ticket is definitely worth the cost. However, in some situations, a driver is better off not spending the extra money to retain a lawyer. Here are some factors you might want to consider before making the call.

How many times do you have to go to court for a traffic ticket?

If you decide to fight a traffic ticket, you'll generally have to go to court at least twice. But if you hire an attorney, you typically won't have to go to court at all. In other words, your attorney can represent you in court without you being present.

Why is it difficult to represent yourself in traffic court?

One of the problems with representing yourself is the lack of experience and legal knowledge. The average person just doesn't know what the best courses of action are in a given case. Experienced traffic attorneys have the best idea of what tactics and options are available for obtaining good results. And, it's not all legal knowledge. Attorneys who spend lots of time in traffic court are familiar with the tendencies of the different judges and sometimes of the law enforcement officers who write the tickets. This local knowledge can prove valuable in deciding how to defend against a ticket.

Can a traffic violation be avoided?

For instance, sometimes traffic violation points can be avoided by negotiating a moving violation ticket down to a non-moving violation.

Do traffic lawyers win at trial?

Traffic lawyers with lots of trial experience are far more likely to win at trial than the average Joe or Jane. Simply put, attorneys who have spent countless hours in a courtroom and have knowledge of the law know what to focus on at trial. For non-lawyers, it's easy to get off track.

Is it worth hiring a traffic attorney?

In some circumstances, hiring a traffic attorney clearly isn't worth the expense. For example, if you're eligible for traffic school and don't have a reasonable chance of beating your ticket, it's probably best to forgo hiring an attorney. Generally, you can sign up for traffic school without even going to court, so there isn't much benefit of having legal representation—you can just do it yourself.

What is a CDL driver?

Commercial Drivers. Commercial driver's license (CDL) holders drive for a living and are subject to stricter rules than other drivers. Under these rules, certain traffic violations can lead to CDL revocation. So, the stakes in traffic court for commercial drivers can be very high. With so much on the line, it would make sense to get an attorney ...

Can you contest a traffic ticket?

Anyone can contest a traffic ticket in any of the 50 states. But that often involves heading to court and perhaps hiring an attorney to help walk you through the steps and present your arguments. This takes time and money, and the police officer who wrote your ticket may well show up and testify against you, since testifying in court is considered ...

What is TR 205?

It means that you get to argue your case, but instead of heading to court, you and the officer file statements and any evidence in writing. The court sends a form to the officer who gave you the ticket to fill out. When you fill out form TR-205, you'll need to attach a written statement of the circumstances, including all details.