Road Law – March/April 2022
One of the most asked questions we get from drivers is whether they should just pay their traffic ticket or fight it? The good news is that we usually have a lot of information in our system about the particular court dealing with the driver’s ticket, and we’re able to let the driver know whether we recommend they fight the ticket or simply pay their ticket.
Here are a couple of recent questions.
Q: I got a ticket in Kansas for “inattentive driving” because I had a very minor accident with another vehicle. I’ve got a really good driving record, and this is the first ticket that I’ve had in the past 10 years. The fine amount listed on the ticket is only $100. Because I’m a resident of Minnesota and don’t get back to Kansas very often, I was thinking about just paying the ticket and being done with it. What do you think?
A: Although you can simply pay your ticket, there’s a lot to consider before you send your money to the court. Your charge of inattentive driving is not specifically listed as one of the 10 serious category charges, according to the Federal Motor Carrier Safety Regulations.
However, your home state of Minnesota may consider your charge to be a serious violation or worse, a charge that, if you’re convicted, would result in an automatic suspension of your Minnesota driver’s license. Remember, states have differing motor vehicle codes so, although your charge may not be a serious/suspending offense in Kansas, you’re licensed in Minnesota, and your home state may consider your charge to be serious or cause for a license suspension.
Second, because there was a collision associated with your case, you don’t want to simply send your fine payment to the court unless you also send a brief letter that explains to the court clerk that you’re entering your plea of “no contest” along with your fine payment. Entering your plea of no contest is your way of letting the court know that you’re not admitting you are guilty, but you’re letting the court know you’re accepting the conviction.
Entering your plea of no contest in most any case that involves a crash may offer protection to you should the driver or owner of the other vehicle decide to sue you for civil damages.
Q: I got a ticket in West Virginia for speeding 75 in a 60, and I don’t want to waste a lot of time going to court to try to fight this ticket because, honestly, I was speeding. I don’t have any other tickets on my Indiana driver record so, should I just pay the ticket and be done with it?
A: No. You should not simply pay this particular traffic ticket for “speeding 15 mph or greater over the posted speed” because this charge is definitely considered to be a serious violation according to the FMCSR.
A conviction of this charge may result in your driver’s license being disqualified or may make you ineligible for liability insurance.
At the very least, you should follow the instructions on the ticket for entering your plea of not guilty and request a bench trial. Once you receive notice of your trial date, then you can decide if you want to appear on your own or hire an attorney to represent you. In most speeding ticket cases, the district attorney/prosecutor is usually willing to amend or drop your original 15 mph charge by 1-3 mph so, at the very least you should be able to avoid a conviction of a serious category charge. 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 contact them via RoadLaw.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.