Traffic attorney explains how to beat a traffic ticket in traffic court
Summary
TLDRIn this video, Luke from Nichols and Green Law Firm offers advice for individuals facing traffic court without an attorney. He emphasizes the importance of understanding the specific traffic laws and charges against you, suggesting to read the relevant code sections. Luke advises seeking free consultations with traffic attorneys to gain insights and avoid legal pitfalls. He also covers strategies like trial by letter for minor offenses, presenting evidence effectively in court, and understanding the court process. Additionally, he warns against common mistakes like lying to the court and provides guidance on plea options and trial procedures in Virginia.
Takeaways
- 📖 Read the actual law: Understand the code section and offense you're accused of to prepare your defense.
- 🚦 Be aware of misnomers: Charges like 'reckless driving' may not mean what you think; know the specifics of the law.
- 🆓 Utilize free consultations: Traffic attorneys often offer free consultations which can provide valuable advice.
- 💡 Consider trial by letter: For minor infractions, some courts allow you to send a letter with evidence instead of appearing in person.
- 🔒 Bring evidence to court: Ensure all evidence is in a format the court can accept and do not leave it in your car or on your phone.
- 🤝 Negotiate with prosecutors: If your case has one, negotiation might be possible and can't hurt your case.
- ⏰ Understand court procedures: Know if your case will be assigned a prosecutor and when to negotiate with them.
- 🚫 Avoid the continuance game: In Virginia, officers are required to attend court, so delaying tactics are less effective.
- 🔍 Check for errors on your summons: Typos may prevent a ticket from being added to your DMV record, but don't correct them in court.
- 👮♂️ Be respectful and professional: Your behavior and appearance can influence the judge's perception and decision.
Q & A
What is the first step one should take when preparing to defend themselves in traffic court?
-The first step is to read the code section associated with the offense listed on the traffic ticket to understand the actual law and requirements.
Why is it important to read the actual law and not just rely on a vague understanding of the offense?
-Reading the actual law helps to understand the specific requirements of the offense and to prepare appropriate arguments and defenses, which can increase the chances of a successful defense.
What is a common misconception about reckless driving by speed?
-A common misconception is that one must be driving dangerously to be charged with reckless driving. However, in Virginia, driving more than 20 mph over the speed limit is considered reckless driving, regardless of driving behavior.
Why should someone consider a free consultation with a traffic attorney before representing themselves in court?
-A free consultation with a traffic attorney can provide helpful tips and advice, and it can clarify whether the charge is more serious than initially thought, such as a criminal offense that could go on one's permanent record.
What is 'trial by letter' and under what circumstances can it be used?
-'Trial by letter' is an option in some courts where one can send a written letter with any proof to the court, which is then considered by the judge when the case is called. It works best for minor infractions like fix-it tickets.
Why is it crucial to bring all evidence in a format acceptable to the court?
-Courts often do not allow electronic devices like phones, so having evidence in a hard copy format ensures that it can be presented effectively during the trial.
How can one find out if their traffic case will be assigned a prosecutor and if they can negotiate with the police officer?
-By calling the clerk's office or the prosecutor's office in the county where the case is filed, one can determine if a prosecutor will be assigned and if there is an opportunity to negotiate with the police officer.
What is the impact of errors or typos on the summons or traffic ticket?
-Errors on the summons or ticket, such as incorrect name spelling or wrong driver's license number, do not typically result in case dismissal. Instead, they may prevent the ticket from being accurately recorded on one's DMV record.
Why should one not ask the judge to do something beyond their legal authority?
-Asking the judge to do something beyond their legal authority is futile and can be irritating to the judge, as it shows a lack of understanding of the legal process and the judge's role.
How should one prepare when planning to quote case law or statutes in court?
-One should print off the relevant case law or statutes and bring them to court to present to the judge, as judges are not expected to memorize every law or case and need to see the information in writing.
What is the significance of understanding the difference between mitigating evidence and a defense in a traffic court case?
-Understanding the difference is crucial because a defense is used to argue innocence during the trial phase, while mitigating evidence is used to argue for leniency during sentencing. Confusing the two can lead to ineffective representation.
Why is it important to be concise and to the point when presenting one's case in traffic court?
-Being concise is important because traffic courts often have a high volume of cases, and judges have limited time to hear each case. Being able to communicate effectively and quickly can increase the chances of a favorable outcome.
Outlines
📚 Understanding Traffic Court Basics
In this paragraph, Luke from Nichols and Green law firm introduces viewers to the basics of defending oneself in traffic court. He acknowledges that not everyone can afford a traffic attorney and that not every case requires one. Luke advises viewers to read the code section associated with their traffic ticket to understand the law they are accused of breaking. He uses the example of reckless driving by speed to illustrate how people often misunderstand the charges against them. Luke emphasizes the importance of knowing the actual law and preparing arguments based on it. He also suggests calling a traffic attorney for a free consultation to get helpful tips and advice, especially for more serious charges that might have lasting consequences on one's record.
💡 Strategies for Navigating Traffic Court
Luke continues by discussing strategies for those representing themselves in traffic court. He mentions the option of trial by letter, where one can send a written argument and evidence to the court, which can be effective for minor infractions. He advises against leaving evidence in the car or on a phone, as courts may not allow phones inside. Luke also talks about the possibility of cases being assigned a prosecutor and the importance of finding out if one is assigned and when, as this can affect one's ability to negotiate. He explains that negotiating with a prosecutor has no downside, as one can always take the case to the judge if unsatisfied with the offer.
🔍 Dealing with Prosecutors and Errors in Traffic Court
This section delves into the dynamics of negotiating with prosecutors and the common practice of officers showing up for their assigned court dates. Luke clarifies that in Virginia, officers are less likely to skip court due to the system's structure, which assigns them a specific court date for all their cases. He also addresses the issue of errors in traffic tickets, advising against correcting them in court as it may lead to a more accurate record being sent to the DMV. Luke stresses the importance of understanding the judge's authority and not asking for actions they cannot perform, such as reducing demerit points for certain tickets.
👔 Presenting Yourself in Court and Understanding Trial Procedures
Luke discusses the importance of appearance and behavior in court, suggesting that presenting oneself as a responsible citizen can influence the judge's perception. He warns against lying to the court and emphasizes the importance of understanding the trial process, including the difference between presenting a defense and mitigating evidence. He explains that defenses are presented during the trial phase to argue innocence, while mitigating evidence is presented during sentencing to argue for leniency. Luke advises being concise and prepared when speaking in court, as judges have limited time for each case. He also explains the common pleas in Virginia and the implications of each, including the difference between 'not guilty' and 'guilty with an explanation' pleas.
📆 Navigating the Court Date and Seeking Professional Help
The final paragraph addresses the possibility that the first court date may not be the trial date, especially in cases involving witnesses or accidents. Luke advises calling the clerk's office to understand the process. He offers free consultations for those with traffic or criminal offenses in Northern Virginia, emphasizing the firm's willingness to help. The paragraph concludes with a reminder of the practical tips provided and an invitation for viewers to seek further advice if needed.
Mindmap
Keywords
💡Traffic Court
💡Traffic Attorney
💡Reckless Driving
💡Code Section
💡Free Consultation
💡Trial by Letter
💡Prosecutor
💡Continuance
💡Mitigating Evidence
💡Pleading
Highlights
Not everyone needs to hire a traffic attorney, and sometimes self-defense in court is a viable option.
It's important to read the actual law when you receive a traffic ticket to understand the offense and prepare a defense.
Reckless driving laws may not be what they seem; driving 20 over the speed limit can be considered reckless, regardless of driving behavior.
Free consultations with traffic attorneys can provide valuable tips and advice before representing yourself in court.
Some courts allow trial by letter for minor traffic infractions, which can be an alternative to appearing in court.
Evidence for your case should be brought to court in a format that can be easily reviewed by the court.
In Virginia, not every county assigns prosecutors to traffic infractions, so it's important to find out if your case will have one.
Negotiating with a prosecutor can be beneficial as there is no downside, and you can always take the case to the judge if unsatisfied.
In Virginia, officers are assigned a specific court date to prosecute all their cases, making it unlikely for cases to be dismissed due to officer absence.
Errors on the summons, such as incorrect personal information, may not be in your favor and could lead to the ticket being easier to assign to your record.
Judges do not have the authority to decide on point assignments for tickets or mandatory punishments in some cases.
When presenting case law or statutes in court, ensure you bring printed copies for the judge to review.
Understand which laws and cases are relevant to your judge's decision-making process before presenting them in court.
Your behavior and appearance in court should align with your arguments; professionalism can influence the judge's perception.
Honesty is crucial; never lie to the court, and if necessary, exercise your right to remain silent.
Understanding the trial process is key to not irritating the judge; know when it's your turn to speak and what evidence to present when.
Be concise and to the point in traffic court; judges have limited time for each case, so be prepared to communicate quickly.
Differentiate between mitigating evidence and a defense; present defenses during the trial phase and mitigating evidence during sentencing.
In Virginia, pleads of 'no contest' are treated the same as 'guilty', so understand the implications before pleading.
If your case involves witnesses, your first court date may just be a hearing, not a trial, so be prepared for a possible continuance.
Transcripts
hello Luke here with the law firm of
Nichols and green and I'm going to tell
you some of the things you need to know
about defending yourself in traffic
court now not everyone can afford to
hire a traffic attorney and not every
case requires a traffic attorney
sometimes it just makes sense to go in
and try to defend yourself so when that
situation happens here's some tips that
going to help you out help things go a
little bit smoother and help increase
your chances of being successful when
you get a summons or a traffic ticket
there usually is a description that says
the name of the offense you're accused
of committing and a code section go and
look that code section up and read the
actual law a lot of people don't
understand what they've been accused of
doing they kind of understand it vaguely
but they don't really know what the
requirements of the law are read it find
out whether or not that's what you did
and then prepare arguments and defenses
about that law you see this problem a
lot with reckless driving by speed um
somebody gets charged with reckless
driving when all they were doing was
driving 78 and 55 okay and nobody else
was around there's no weaving they were
swerving they weren't being dangerous
and they're like I wasn't being Reckless
and they go to court and they spend all
this time arguing with the judge about
how they weren't being Reckless but if
they read the law and looked up 46.2
d862 they would see that the name
reckless driving is a bit of a misnomer
the crime has really nothing to do with
whether you're driving recklessly or not
what it has to do with is how fast F
your driving anyone going more than 20
over the speed limit is guilty of
reckless driving that's what the law
says so you got to read the law and not
and just look at the title of the law to
know what you're accused of almost every
traffic attorney I know including myself
and my law partner we do free
consultations so call a traffic attorney
and get a free consultation before you
decide to go and represent yourself you
never know when we might be able to
offer you some helpful tips or advice or
when you're facing a more serious charge
than you originally thought for instance
reckless driving by speed a lot of
people think they just got a speeding
ticket and then lo and behold when they
go to court turns out it's a criminal
offense that goes on their permanent
criminal record so it's a lot more
serious than they thought and because
they're not lawyers they didn't
understand Virginia's weird traffic laws
so call an attorney for a free
consultation to get some tips and advice
and to help avoid dangers and uh common
booby traps if you want to fight your
case but you can't show up to court
write a letter instead a lot of courts
with minor traffic infractions will
allow you to do trial by letter what you
do is you write a letter and include any
proof you have and send it to the court
the clerks will include it in the file
and when the judge calls your case
they'll see it read it briefly and make
a decision this works best with minor
fix it tickets like window tin
violations broken tail lights uh expired
registration thing like that things like
that go and get it fixed get proof that
you've gotten it fixed either a
photograph of the card that's all
repaired a receipt from the mechanic
shop a copy of the past inspection
whatever it is send a copy of that to
the court with a brief letter saying I'm
sorry I did this this is why I was
expired I got it fixed you know please
dismiss the charge send something like
that in a lot of Judges when they see
the proof and they see the letter
they'll go ahead and dismiss it on your
court date sometimes with court costs
sometimes without so if you can't make
it to court instead of just not showing
up or prepaying it try sending in a
letter instead don't leave your evidence
in your car don't leave your evidence on
your phone most courts won't let you
bring your phone into court so if you
show up to court and you're like oh I
got it on my phone tough luck okay um
the judge isn't going to stop the trial
to let you run back out to your car to
go get something so make sure you bring
everything you need to the podium you
have all your evidence right there and
you have it in a format that the court
can see okay if you've got it on a phone
and they won't let you bring it in the
phone it's out Lu so you know print
stuff off have hard copies that's the
safest way to do it find out whether
your case will be assigned a prosecutor
in Virginia not every County assigns
prosecutors to traffic infractions some
counties only assign prosecutors to
traffic tickets if an attorney uh is
representing the defendant so it really
depends each County does it their own
way each state does it their own way
sometimes the officer can act as a
prosecutor and sometimes they don't so
call up the clerk's office call up the
prosecutor office in your county find
out whether or not your case will have a
prosecutor and find out whether or not
you can negotiate with the police
officer then find out when that
prosecutor will be assigned to your case
in Fairfax County for instance
prosecutors are assigned to the case the
morning of trial so there's nobody to
talk to prior to trial you go to some of
the rural counties in Virginia they
assign prosecutors in advance or they
have kind of a a wild card prosecutor
that you can call any time to negotiate
so call the prosecutor's office find out
if there's somebody to negotiate with
and when you can negotiate with them
negotiating with a prosecutor usually
doesn't have any downsides because if
you don't like what the prosecutor has
to say if you don't like what they're
offering you you can always reject their
offer and take your case straight to the
judge so you're not really losing
anything by negotiating with the
prosecutor but you are gaining one
opportunity to convince somebody to give
you what you want a lot of people try to
play the continuance game they try to
get lots of continuances to see if the
officer won't show up this works in some
jurisdictions and it doesn't work in
others it doesn't really work well in
Virginia because in Virginia each
officer is assigned a court date one
court date per month or one court date
every two months and all the cases that
they have are prosecuted on that day so
if an officer goes out and writes 150
tickets throughout the month they show
up to court and they prosecute all 150
tickets on that month what this means
then is that the officer has to show up
to that court date or a month's worth of
work or two months worth of work goes
down the drain so there's a lot of
incentives for officers not to just not
show up additionally in Virginia you can
be held in contempt of court for not
showing up if an attorney doesn't show
up if a witness doesn't show up if a
police officer doesn't show up these
people can be held in contempt of court
and I've seen officers be issued
warrants for contempt of court for
failing to show up on a case it's a very
serious uh matter uh additionally police
officers can lose their jobs or they can
be sanctioned or they can have serious
repercussions on their careers if they
simply blow off court dates if an
officer is sick or injured or involved
in an accident or delayed because of
police duties they'll call the court or
their supervisor will call the court and
their cases will simply get continued to
the next court date really the only time
you see officers not showing up in their
cases being dismissed is when they leave
the police force and that only happens
in very rare cases so less than 1% of
the time does uh simply uh the officer
not showing up ever affect the outcome
of a case in Virginia in other states
that might be a thing that works but not
so much here in Virginia it's really
common for the information on people's
summons to contain typos or errors
you'll get into court and your name is
spelled wrong on your ticket or your
date of birth is wrong or your driver's
license number is wrong don't correct
this um don't feel a need to tell the
court oh you spelled my name wrong you
got my date of birth wrong you got my
license number wrong um the reason why
is this information that information is
how the DMV knows whose record to put
that ticket so if the officer or the
clerk or somebody writes my name down
wrong my date of birth wrong or my
driver's license number wrong on the
ticket or in my court information and I
get convicted of that ticket that
information is sent to the DMV and the
DMV uses that information to try to
figure out whose DMV record that
information goes on well I don't want it
on my DMV record so why would I correct
them to help them more effectively find
my record if they typo my name bad
enough or they typo my driver's license
number bad enough they may not be able
to go and put it on my DMV record and
that happens every once in a while so if
you see an error on there it's not a
defense it's not going to fact your name
spelled wrong isn't going to get your
case dismissed the judge isn't going to
make any hay out of it they're just
going to correct it and then you're
ticket's going to go on your record that
much easier so don't get hung up on that
sort of thing a lot of people come into
court and ask the judge to do something
that they do not have the legal
authority to do um so don't waste your
time and energy doing that find out what
they can do and then ask them to do that
okay so for instance in Maryland judges
sometimes have the power to be able to
decide how many points come with a given
ticket Virginia they do not have that
Authority the judge has no control over
how many points you get for a given
ticket so don't ask them it just annoys
them they hear it all the time and you
know just doesn't do any good
additionally certain tickets come with
mandatory punishments so if you have an
HOV ticket there are mandatory fines
your first offense is $125 your second
offense is $250 your third offense is
$500 the judge doesn't have a choice
that's what the law says they have to do
so if you want the judge to do something
for you you have to ask him to do
something that they have the power and
authority to do so read the law ask
around talk to the clerk's office talk
to an attorney find out what the judges
can and can't do if you're going to try
to quote case law or statutes make sure
you print it off and bring it to court
uh judges don't have every law memorized
they don't have every case memorized and
if you're going to present them
something new make sure you print it off
so that they can read it themselves
they're not going to just take your word
for it or take your interpretation for
it and additionally they're in a hurry
so they can't stop and do all this legal
research while there's 150 people
waiting to have their case heard in the
same court so print off what you have
bring it with you to the podium and if
you're going to quote a statute or case
law hand it up to the court and say here
I brought printed off the case please
take look at this and you'll see that
this case says this and I think because
of that case my case should be dismissed
so make sure you print it off if you're
going to quote case law if you're going
to try to read the law and bring laws to
court make sure you understand which
laws control your judge's decisions and
which laws do not which cases control
his decision-making process and which
ones do not for instance here in
Virginia Ohio statutes are irrelevant
and Ohio Court decisions are irrelevant
so if you come here with a court case
from Ohio no one cares this ain't Ohio
if you come in with a federal court case
most of the time those are irrelevant
too unless they're dealing with
constitutional issues or some special
exceptions you got to make sure you have
the laws that govern in this particular
situation addition Al published cases
control unpublished cases do not so
don't come in with an unpublished case
and try to argue that it's a law don't
come in with legal treatises or books
written by lawyers those things don't
govern
either so if you're going to come in
with cases and statutes make sure you
understand which ones control the
judge's decision-making process and
which ones do not and come with the
right ones make sure your behavior and
your appearance support your arguments
if you want the judge to believe you're
a responsible citizen you're an honest
witness you're a good driver dress the
part act the part if you come in really
aggressive if you come in uh making
blanket accusations against the officer
that sort of thing turns people off and
makes them think wow they're really
wound up they they'll say anything to
get out of this case um so keep calm
keep professional dress up up nicely or
it doesn't have to be fancy it doesn't
even have to be a suit and tie but just
you know present yourself yourself well
and uh that goes a long way um wearing a
suit and tie or dressing up won't make
you win your case but if you dress
trashy if you act rudely if you don't U
take it seriously that can certainly
cost you your case never lie to the
court if you can't tell the truth
exercise your right to remain silent but
never lie don't try to fudge things
don't try to exaggerate tell it how it
is and if the truth hurts you keep your
mouth shut oh I can't tell you how many
times people have ruined their case
because they tried to fudge or
exaggerate about something little the
judge caught them and then he thought
they're a liar and they disregarded all
their other testimony so just tell the
truth tell it like it is don't
exaggerate understand how trials proceed
okay a lot of people get confused and
they get in arguments with the judges
because they don't understand how trials
work okay in Virginia the way a basic
trial works is the prosecutor officer
gets to speak first they tell their
story then you get an opportunity to ask
them questions but only ask them
questions you can't make statements just
get to ask them questions after you're
done asking them questions then you get
a chance to tell your story and the
prosecutor or the officer gets to ask
you
questions once that's done the judge
decides whether you're innocent or
guilty and then they move on to the
sentencing phase this is is where you
talk about things that don't have any
bearing on whether you're guilty but
affect how serious or or harsh your
punishment should be so that's when the
mitigating evidence comes in and first
the prosecutor officer gets to speak and
then you get to speak the biggest the
most common way people irritate the
judge is by trying to explain things
when they're supposed to just be asking
questions or when it's the other
person's turn to talk understanding how
we take turns in a trial is important
just to keeping on the good side of the
judge get to the point quickly traffic
court moves quickly the judges don't
have a lot of time to deal with any one
case Fairfax County for instance a
single judge may have to hear 200 cases
in 3 to 4 hours that's seconds per case
so if you think a judge is going to
spend 15 minutes listening to your
defense that's not going to happen make
sure that you can say everything you
want to say in seconds not minutes
before going and standing up in front of
the judge write down what you want to
say put it on a little note card on a
piece of paper have it there so you can
either read straight off it or use it to
keep yourself on point don't be afraid
to do it this isn't drama club it's not
theater the important thing is
communicating quickly and effectively
and if having notes and writing down
what you want to say helps you do that
that's great do it understand the
difference between mitigating evidence
and a defense a defense is an Evidence
or argument that you're innocent
mitigating evidence is an argument that
even though you're guilty you shouldn't
be punished harshly you should be shown
Mercy defenses happen during the trial
mitigating evidence happens during
sentencing common problem is people who
are representing themselves get the two
confused and they start offering
mitigating evidence during the trial and
they offer defenses during sentencing
don't do that so here's a really common
example uh arguing that the officer's uh
radar is en calibrated that's a defect
okay that should be brought up during
trial not after you're found guilty um
evidence that your speedometer is
inaccurate so you didn't realize you
were speeding that's mitigating evidence
not a defense you're admitting you're
guilty but you're trying to explain why
you didn't mean to do it why you
shouldn't be punished for doing it that
should come up during sentencing in the
state of Virginia there's only a handful
of pleas you can do there's guilty not
guilty no contest and there's guilty
with explanation pleading no contest or
no contend rate is essentially the exact
same thing as a guilty plea in the state
of Virginia in other states there's an
important legal significance between no
contest and the guilty plea but not so
in Virginia it's all the same
thing if you plead guilty but you want
to explain why you should be punished uh
lightly or you have some explanation of
why you'd like the judge to still not
find you guilty even though you are
guilty then you say I'm pleading guilty
with an explanation and the judge will
let you explain what mitigating evidence
you have but the important thing to
remember is if you plead guilty you're
not going to have a trial the judge is
not going to hear defenses okay if you
want to offer defenses if you want to
explain why you are not guilty make sure
you plead not guilty in most places in
Virginia and a lot of other states as
well if there's an accident case or
there's a case that involves Witnesses
your trial may not be at the first court
date it's a very common practice here in
Virginia for the first trial date to
Simply Be a hearing they don't subpoena
the witnesses they don't inconvenience
the civilians Witnesses by bringing them
to court when 90% of the cases work
themselves out so what they do is the
first court date they come to court they
ask you what you're going to plead and
if you plead not guilty they say okay
they give you a continuance they set a
new date and then they bring the
witnesses so if you were involved in a
car accident and ticketed because of
that if the prosecution or the police
officer is going to be bringing
witnesses to court there's a really good
chance that your first court date is not
a trial date and that if you plead not
guilty we're going to make you come back
to court another day to have your trial
so if you want to know if that's the
case in your situation call the clerk's
office and ask them whether Witnesses
are going to be subpoenaed on that first
court date hopefully these tips and
suggestions have been helpful but if you
have a ticket or a criminal offense in
Northern Virginia and you would like
some free consultation some free advice
give us a call we're happy to talk to
you happy to help out thanks for
watching and have a good
day
5.0 / 5 (0 votes)