Traffic attorney explains how to beat a traffic ticket in traffic court

Summary

In 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.