As a former prosecutor and magistrate, I’ve participated in hundreds of traffic cases. Hiring an attorney to fight a $150 ticket doesn’t make sense, so people often represent themselves. Very few are successful, in part, because of these common mistakes.
Traffic Court Mistake One: Being Unprepared
When the court sends you notice that you are scheduled for trial at a specific date and time, they mean it. If you need to reschedule, contact the court right away and they will try to accommodate you. If you show up on the day of trial and ask for another court date because you aren’t ready, there is a very real chance that the judge will tell you “Too bad. You’ve had plenty of time to prepare.” The judge, prosecutor and arresting officer are there and ready to go. By asking for a continuance at the last minute, you are wasting their time.
Traffic Court Mistake Two: Admitting Your Guilt
When I was prosecuting speeding cases, the defendant would often say something like “I’ll admit, I was going 63, but I know I wasn’t going 70.” Although the ticket states the violator’s speed, all the prosecution has to prove is that you were going over the speed limit, not the exact speed you were traveling. In the above example, if the speed limit is 55, you’ve just made my case.
Traffic Court Mistake Three: Not Understanding Courtroom Procedure
As a magistrate and prosecutor, I did my best to be patient with people who represented themselves…to a degree. The rules of procedure and the rules of evidence still apply. If you are going to play lawyer, you need to be prepared to go up against a prosecutor who knows those rules and will use them to their advantage. You might have evidence that proves your case, but if you don’t know how to get it admitted into evidence, you’re out of luck.
Traffic Court Mistake Four: Driving to Court When Your License Is Suspended
Seriously. If someone charged with Driving Under Suspension arrives at court alone, and particularly if they are rude, the bailiff might watch them leave. If he sees them heading for a car, he’ll tell the police officers who are waiting for their trials and they’ll go and arrest the guy when he pulls out of the parking lot.
Avoiding mistake number four won’t help you win your case, but it will increase your chances of getting home without more charges.