Road Law

Is it worth it to fight?

We get a lot of calls from drivers wanting to “fight” their traffic ticket.

If you’ve called us before, you know that the first thing we do is ask some basic questions about your ticket, such as what were you charged with? What state were you in when you got the ticket? What state is your driver license issued from? Are there any other convictions on your three-year driver record? What town/city is the listed-court located in? What’s the “respond by” date listed on the bottom of your ticket?

We ask these questions because it helps us understand your charge and what a conviction of the particular charge(s) would mean to you. When you give us this type of information, together, we can make an informed decision as to how best to help you and whether fighting this particular ticket is really worth it.

As always, we hope the question-and-answer information listed below is helpful to you, and we look forward to hearing from you with any questions you may have about your particular ticket, accident or related legal problem.

1. I was using my GPS to make a delivery just south of Minneapolis when I was stopped and given a ticket for “off truck route.” I explained to the officer that, according to my GPS, there was only one way in and out of my delivery location, and I was following my GPS directions as required. The officer still gave me a ticket, told me the fine amount was $50, and I didn’t have to appear in court if I just paid the ticket. I’m from Texas, and this was a one-time trip to Minnesota for me. What should I do?
2. Your charge is a “moving” violation but not a “serious” violation, according to the Federal Motor Carrier Safety Regulations. That means you don’t have to worry about your CDL being disqualified if you simply pay the ticket. However, if you’re convicted of your charge, it will be put on your permanent driver record. So, you basically have three options: First, simply pay the ticket and have the moving-violation conviction placed on your permanent driver record. Second, enter your plea of not guilty, have your case set for a bench trial, and personally appear to testify to your innocence. Last, hire an attorney to discuss your matter with the prosecutor/judge and try to have your original moving violation dismissed or amended to a nonmoving violation without a trial and without you having to personally appear.

If you decide to plead not guilty and ask for a trial, in most cases, you’ll actually have to come back to Minnesota and appear in court to testify. As you stated above, coming back to Minnesota may be very difficult, if not impossible, for you because this particular delivery was a one-time trip. Also, even if you decide to appear for trial, there’s no guarantee that you’ll be found not guilty. Likewise, even if you hire an attorney to appear in court for you, there’s still no guarantee that the prosecutor/judge will agree to dismiss or amend your original charge.

So, would simply paying your ticket and taking a conviction for this particular charge really hurt you? Again, it depends on your particular situation. What’s your company’s policy regarding convictions of moving violations? Do you have any other moving violations on your current, three-year driver record? What’s your home state’s policy for convictions of moving violations? If, for example, your company only cares about speeding tickets, being convicted of “off truck route” may not be a problem for you. As for your home state (Texas), if this is the first moving-violation ticket you’ve received within the past 12 to 36 months, a conviction of this ticket may not be a problem for you.

1. I was driving in rush-hour, bumper-to-bumper traffic in Kansas City, Kan., and I got a ticket for following too closely. I explained to the officer that it’s basically impossible not to follow too closely when you’re in bumper-to-bumper traffic. The officer said he didn’t care and gave me a ticket anyway. My company only cares about speeding tickets, so I was thinking about just paying the ticket and being done with it. What do you think?
2. Unfortunately, your particular charge, “following too closely,” is considered to be a serious traffic offense, according to the FMCSR. So, even though your company may not care about this particular charge, you have to be very concerned about it because even one conviction of a serious traffic offense may make you ineligible for liability insurance. As important as it is not to be convicted of this particular charge, your best bet would be to appear in court or contact a lawyer for advice before simply paying this ticket. 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 us 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.