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 Form TR-205, 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 consultation.
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.