When your traffic ticket states traffic court attendance required, many
drivers wonder if their lawyer can appear in court for them rather than
them taking a day off from work. A traffic ticket defender can always
go to court for you or with you. However, either you or your lawyer must
appear in court on the date on your “Notice to Appear” sometimes
called an arraignment unless some other arrangement has been made with
the court, even when you do not receive a “courtesy notice,”
which is mandatory after 1 May 2017.
If you do not appear in traffic court on the date specified, the judge
will order a bench warrant for your arrest for failure to appear (FTA),
which will result in your immediate arrest the next time you are stopped
for an infraction or a law enforcement officer may go to your home and
place you under arrest, until you can meet with a judge. Better call a
lawyer then. Well, you should have called a lawyer instead of blowing
off the notice to appear.
The Law Enforcement (LE) Officer & the Ticket
When an LE officer pulls you over, they will normally ask you for your
license, registration, and proof of insurance. If you have those documents,
you will normally be given a ticket for the moving violation or other
infraction. Most LE officials will explain the ticket to you and ask you
to sign the ticket. Your signature is merely an agreement to appear in
court on the date specified and is not an admission of guilt.
However, when you do not have a license, or it has been suspended or revoked,
no registration, or proof of insurance, the LE officer will issue you
another ticket and in some cases, tow your vehicle and take you to the
station for further processing. If the vehicle does not belong to you
and there is no registration or proof of insurance or there are other
problems with the vehicle, such as a broken taillight or etc., the LE
officer will contact the owner as well and issue them a “fix-it”
ticket to get the problem fixed.
Trial by Declaration Instead of Traffic Court
In case you wish to fight your ticket either in court before a judge or
with a Trial by Declaration (TBD) you will need to post bail in the amount
of the ticket with the court clerk. When you wish to fight your ticket
by TBD, you will need to fill out a
Request for Trial by Written Declaration. With this method of fighting your ticket, you will not need to appear
in court. You just fill out the form and submit whatever evidence or written
statements you have to the court clerk along with a check or money order
for the amount of your ticket. The most important portion of the form is the
Declaration of Facts, which is your opportunity to explain exactly what happened. Although
it is not required, you should consult an attorney to get the specific
legal premise for your not guilty plea.
You may submit the following objects to support your case:
· Receipts for car repair
· Proof of insurance
· Inspection certificates
After you have submitted your form to the court, it must be at least five
days prior to your court date, you simply wait 60-90 days for the court’s
decision. If the court finds you not guilty, they will refund your bail
and the case is closed. However, if they find you guilty, you still can
ask for a Trial de Novo or a new trial.
This must be considered very carefully and should be discussed with your
attorney because any special circumstances allowed by the court, such
as traffic school or reduced fines will not carry over to the new trial,
you will start from zero.
Hire a Traffic Ticket Defender
Even when your traffic ticket says traffic court appearance is required,
you can have your attorney go to court for you. Bigger & Harman, APC
has been representing their clients in traffic court for decades and have
represented nearly two thousand clients in court. The first thing you
should do is give them a call at 661-349-9300 and request a complimentary
Se habla Español 661.349.9755.
Or, you could send them an email,
firstname.lastname@example.org. Explain the circumstances of your ticket and a scanned copy. As soon
as the office opens, they will reply with a recommendation if you should
continue, and how to pay for representation.