Road Law – August/September 2018
Is it best to take a traffic ticket case to trial, or should you just pay the ticket? The “trial or no-trial” issue is one of our most commonly asked questions, and you’ll find one of our most common answers to this question listed below. We hope you can use this information to your benefit or pass it on to a friend in need.
Q: The highway patrol stopped me in Georgia and told me I was driving 75 mph in a 60 mph zone. I told the officer that there was no way I was driving 75 mph because my truck is governed with a top speed of 70 mph. The officer said he didn’t care, but he did write a reduced speed (70 mph in a 60 mph zone) on my ticket. Still, I wasn’t speeding at all, and I don’t want this ticket to go on my driving record. Can I hire an attorney to go to trial for me and fight this ticket?
A: Yes, you can hire an attorney to help you with a trial, but if the case actually goes to trial you’ll usually have to come to court on your trial date for the best result. However, you may not need an actual trial at all, because an attorney may be able to have your ticket dismissed or amended to a violation that won’t harm your driving record and keep you from having to appear in court.
So, in this case, as well as most traffic ticket cases, you have two options. First, simply pay the ticket and plead guilty or no contest to the violation. The second option is to plead not guilty and have your case set for a trial. If you hire an attorney, the attorney will enter your plea and usually set the matter for a pretrial conference to try to resolve the matter without a trial. If the prosecutor or judge refuses to dismiss or amend your ticket, or you don’t like the pretrial plea offer, your attorney can set your case for trial and then contact you to verify if you even want a trial and whether you’ll need to appear in court.
So let’s say that you decide you want your day in court and have the case set for a trial. In this example, the citing officer originally accused you of speeding 75 in a 60 mph zone but reduced the speed in the field to 70 mph in a 60 mph zone. Sometimes when a prosecutor sees your “reduced-in-the-field” ticket that you’ve now set for trial, he or she may actually reinstate the original charge the officer didn’t cite you for. This is the gamble you take by going to trial in these types of cases. In this example, you’d have to consider the possibility of the prosecutor amending the charge to the original speed the officer alleged you were doing (75 in a 60 mph zone), which is also a “serious” violation, according to the Federal Motor Carrier Safety Regulations.
Q: So, I’ve decided to take my case to trial and don’t really care if the prosecutor changes the charge to the original alleged speed. I haven’t had any tickets in the last five years, so my driver’s license won’t be suspended or disqualified even if I am convicted of a “serious” charge. What do you think?
A: We think it is great that you’ve got a clean driving record, and while you are entitled to have a trial, it may not always be the best choice. For example, the state must prove that you in fact exceeded the posted speed limit. You can introduce evidence that your truck is governed at a lower speed, but the common mistake is to admit that you were exceeding the posted limit at all, which gives a judge all the information he or she needs to convict you of speeding.
We’ve also seen some real problems when a commercial driver is convicted of even one FMCSR violation within a three-year period and many commercial drivers face termination of their lease, employment or even denied liability coverage. Before you make a final decision, at the very least, try to find out from your current employer, lessor or liability carrier whether it would matter to them if you’re convicted of the particular violation you are charged with. You may be surprised with the answer you receive. LL
Send any questions or comments regarding transportation law to: Jeff McConnell and James Mennella, Road Law, 3441 W. Memorial, Suite 4, Oklahoma City, OK 73134; call 405-242-2030, fax 888-588-8983, or email RoadLaw@att.net.
This column is the opinion of the writer and does not necessarily reflect the opinions of Land Line Magazine or its publisher. Please remember everyone’s legal situation is different. Consult with an attorney for specific advice on your situation.