Lawyer

Traffic ticket consequences vary from state to state, mostly fines are structured in a uniform manner, similar to the uniform bail schedule determined by the state or country courts; however, it also depends on how often the driver accumulates the tickets or breaks the law in which case, both, an arrest warrant and license suspension can result.

Coming to fines, they are directly proportional to your speed. For instance, some countries have juvenile traffic courts where a juvenile, who has been ticketed, must appear with their parent. Depending on the nature of the offense, the hearing officer can suspend the license for 30 days, but that is not likely to happen if it is your first ticket, in which case, most probably, you will have to pay a fine. If the country does not have a juvenile traffic court it will handle you the same way as an adult; you will get a courteous court notice in the mail outlining your options, which will include a fine and the option of visiting a traffic school to keep it off your DMV record!

Hiring a traffic ticket lawyer for a traffic ticket is the best way to do away with penalties and make sure that you have a fair trial; however, it also depends on the nature of the offense, for which you have been cited. For example, the services of a traffic ticket lawyer for a speeding ticket can be more of a want than a need. The chances that the cops are lying about your misdemeanor are almost nil because they have everything documented when it comes to testifying how wrong you are; you blew it by speeding, swallow your lumps, and pay the price!

If you are confident of getting yourself a good bargain, or if you feel you were falsely accused, or you were not familiar with traffic laws, or if you want to be certain that you have a fair trial, then hire a traffic ticket lawyer. However, if it is your first offense the court goes easy on you and you need not buy yourself into the hassle.

In other case, look out for the speed cameras as well. The worst thing about getting a speed ticket is being screwed by your insurance company. The typical penalty for over speeding is to pay a fine, if it is your first count, but paying an insurance company more for your mistake is ridiculous.

Speeding Ticket

To avoid the traffic ticket, you should follow traffic rules such as wait for your turn on traffic signals, pay attention to driving, avoid tailgating, and try to abide by the law religiously. Nonetheless, an actual substitute to all those things mentioned above is “just drive the speed limit”.  Speed is one factor that is easier to measure and therefore, the easiest to crack down on. If you are in a real hurry to reach your destination, might as well get yourself a helicopter!

At the end of the day, speed is directly related to the mortality rates in accidents. Always be careful while driving, as speed restrictions are there for a reason. The traffic officers are always looking for drivers who are going noticeably faster than the rest. On the road, the traffic officer has to pick one car so going with the flow of traffic probably is the best and safest way. Moreover, watch out for cutouts and modulate your speed accordingly, as driving in an erratic manner is hard to negotiate and might be classified as reckless driving. Furthermore, if cited for reckless driving you might earn yourself a possible jail time along with a hefty fine, and increase in your insurance premium. All of this might eventually push you to get yourself a traffic ticket attorney.

Nevertheless, if you have been ticketed, while you are wasting time trying to prepare a tangible case on your own, it is advisable to hire a traffic ticket attorney. The biggest positive about having a traffic ticket attorney to present you in the court is that they will advise you on your situation and lead you in the right direction. A traffic ticket attorney will always tell you the true ramifications of your ticket and most probably is able to secure a dismissal with the facts that you have provided

Fight Traffic Ticket or Not?

Taking the decision is not as complicated or time consuming as it appears to be. It in fact saves time and money which lawyers rip out of our pockets. It’s a simple process; to begin with you must know the nature of offense the officer has charged you with. Look up the latest updated version of the motor vehicle law that applies to your state and make a copy.

The law must then be broken down into understandable phrases, or “elements.” Most laws will read: It is a violation to do this and this in this and this type of area under these and these conditions. Each will be an element of the law. You must then ask yourself if you violated every element of this law. If you did not, you will have a case. Still before hiring a traffic ticket lawyer look up the verdicts given by judges on similar cases. Then while keeping everything in mind consider other defenses. Was your vehicle out of the officer’s view? Was it a case of mistaken identity or misinterpretation of what happened? Determine the legitimate or legal reasons for violating the law. Did you have to take evasive action to avoid an accident? Were traffic signs obscured or missing?

Furthermore you have to find out how much fine will be levied upon you if you decide not to challenge the ticket. You have to keep in mind the score of points which have already been accumulated on your license. You need to call your insurance company to check if the latest ticket will increase your insurance rate.

Find out if you are eligible to attend traffic school. You might still need to pay the fine as well as traffic school fees, but the ticket usually does not show up on your record and is not reported to your insurance company. Weigh the facts and consider the alternatives: your being able to present a defense, your being able to attend traffic school, and your costs in time, effort and money in hiring a traffic ticket lawyer if you do or do not fight the ticket.

Violators in an ever-increasing number are seeking out a traffic ticket lawyer to represent them and do away with their tickets. It is a speeding and drunk driver’s buffet out there and the lawyers are hungry.

A Traffic ticket lawyer will advertise on billboards, over the local radio stations and spam your inbox. If you ever get a ticket, you might witness first hand their entrepreneurial spirit when you find solicitations in your mail from a number of different lawyers.

The traffic ticket lawyer will take your case to courts and for less than what your ticket costs. Lawyers these days are devoting their entire practice to traffic tickets and handle hundreds of cases each day. So sure of their trade are they that some will even offer money back guarantees if they fail to beat the ticket in court. Nevertheless, that is a bit of a marketing gimmick.

The traffic ticket lawyer will not take your case if it is rock solid. They know their way around the system and know very well how to exploit it. If there is any mistake in the ticket, a technicality here or there, the ticket will be dismissed in court and the lawyers know how to spot them.

In such cases, the lawyers will try to get the driver a reduced fine or get him out of having to go to driving school. Even if the infraction is not too serious, getting a lawyer is still the easiest way to handle a ticket and keeping it off your permanent legal record.

In the capitalist Mecca we live in, even the law follows the rules of supply and demand. Since economy started going down the drain, states across the country have begun to bump traffic fines to raise revenue. It is far less controversial than raising taxes. In an attempt to make the streets safer and raise revenue, many states have also lowered the bar on blood-alcohol content.

With rising fines, came the rise in the number of traffic ticket attorneys. Many people are facing large fines and looking for lawyers to get them out of it; however, the real mystery is, do we really need a lawyer to deal with our tickets?

It is not just about the immediate hit your wallet takes that you should be concerned about. There are wider implications. If you have a history of traffic violations, the increase in premium on your insurance will outweigh the ticket. There is also the risk of losing your license due to a ticket or two more than you can afford.

Traffic violations can hurt you in unexpected ways. Many employers will not hire a person with traffic violations on record. Some will even fire current employees. It will also affect upward mobility. The amount you have to pay can be the least of your problems, to say the least.

Most contested violations do not go to trial. Keep in mind generating revenue is in part the motivation for the states. Costly litigation over a minor infraction defeats the purpose. If a case does indeed go to trial, it is still very likely that it will be dismissed and the officer who issued the ticket will not show up.

Given the possible repercussions and the minimal cost of hiring a traffic ticket attorney, fighting a ticket is the way to go.

In most states within the US the offenses of DUI (driving under the influence) and DWI (driving whilst intoxicated) are treated as separate offenses.  DUI offenses will typically have more lenient penalties than DWI and in some instances DUI can be treated as a civil offense, especially in cases where the defendant is under 21.  Usually DUI offenses are treated as misdemeanors unless you have injured or killed someone or have more than one previous conviction for the same offense.  Your lawyer will explain the various penalties which could be handed down for a conviction and these can include jail time, community service programs and fines.

DWI offenses on the other hand are considered to be more serious and are usually prosecuted as criminal cases in defendants over the age of 21.  Those under the age of 21 could again be tried under civil law and are usually handed down fines, suspension of driving privileges and probation.  In criminal cases the penalties will include fines and probable jail time, although usually short term.  Previous or subsequent convictions for DWI will see the jail terms and fines increase substantially as well as permanent revocation of driving license. 

In either of these situations is vital that you seek the services of a qualified lawyer who has experience in DUI and DWI cases.  This is particularly important if you have previous convictions for either of these as the penalties become more severe the more convictions you have.

The summary below provides an insight into what rights juveniles have under US law and in delinquency cases.  Some of these legal rights have been derived from the Supreme Court and will apply in all states, whilst others will be applicable only in certain states.  Again you should seek advice from an experienced lawyer in all criminal matters involving a juvenile.

• Probable cause to search a juvenile – a police officer must have probable cause to stop, search and arrest a juvenile whom they suspect of criminal violations.  However, an exception applies to public officials such as school personnel who do no need to have probable cause to stop and detain juveniles.
• Right to a phone call – a juvenile is usually allowed to make one phone call if in custody and unlikely to be released for sometime.  They may call a parent or guardian who may then call a lawyer or they may call a lawyer directly.  By making this phone call to a parent or lawyer the juvenile is invoking their Miranda rights so if their request for a phone call is ignored then anything they say to the police thereafter is likely to be found inadmissible in court.
• No right to bail – a juvenile does not have the right to bail but they are often released into the custody of their parents or guardians prior to the arraignment hearing.
• Right to counsel – since 1967 juveniles have had the right to representation by a lawyer in court proceedings.  They also have the right to a court appointed lawyer if they cannot afford to hire one privately.
• Right to notice of charges – juveniles must be provided with a notice disclosing the charges they face.
• Right to confront and cross examine witnesses – although a juvenile hearing is not considered a formal criminal trial, they do have the right to cross examine and question witnesses and to challenge the testimony they give.
• Privilege against self-incrimination – juveniles have the right to assert their Fifth Amendment privilege against incriminating themselves.  This means the a juvenile cannot be forced into testifying against themselves.
• Limited or no right to a jury trial – many states will not allow a juvenile the right to a trial by jury.  Those that do will limit them to certain types of cases.
• Right to have charges proved beyond reasonable doubt – a ruling by the US Supreme Court means that a juvenile facing prison or adjudication as delinquent from court proceedings must have the charges against them proved beyond reasonable doubt.  In other cases the charges need only be proved by ‘preponderance of evidence’.