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Why Should I Contact Attorney About Traffic Ticket?

Posted By:
February 20, 2018


Why Should I Contact Attorney About Traffic Ticket?

If you receive a traffic ticket, you may wonder: What can a traffic attorney do for me? Won’t they just increase the cost of my ticket?
Not so! If you receive a traffic ticket, it is a smart idea to consult with an attorney who is experienced in traffic law before your first court appearance. There are many different legal challenges we can bring to help you beat your ticket.

Most importantly, an attorney can review the facts and determine what kind of legal challenges you have to your ticket, if any. While it is true it may be possible to understand the issues on your own, there is a reasonable chance that you may screw something up. Just like it may be possible for you to fix your garbage disposal on your own, there is a chance that you will break something further. Just ask the author of this article, an attorney who thought he could do the job of a plumber and learned his lesson the hard way.

One good defense an attorney might be able to bring on your ticket is a motion challenging a defect on a ticket. Tickets may have certain technical defects, such as being written on an improper form, or failing to state an offense. An experienced attorney will be able to review a copy of your ticket, and let you know if any such defect exists. If there is a defect, some can only be challenged at the arraignment. If you go to court yourself and enter a not guilty plea, you will lose the ability to later challenge certain defects.

Another possible way of fighting your traffic ticket is by first completing a trial by declaration (TBD). A trial by declaration is a trial through the mail. You must submit the proper form and pay the bail on your ticket. The court will then consider your statement as well as the officer’s declaration. The great thing about a TBD is the fact that if you win, you win and the case is dismissed, but if you lose, you don’t actually lose because you still have the opportunity to request a new, in-person trial, called a trial de novo. So you are definitely getting a second bite at the apple by proceeding in this manner. However, you will only have 20 days from the date of the mailing of the decision on the TBD, so you must be vigilant in following up with the court. You may generally only request a TBD if you do so prior to entering a not guilty plea, and you may only request a TBD on cases that do not require a mandatory appearance.

Due to the strategic advantages an attorney can bring on your behalf at the arraignment, it is well worth a consultation with an experienced traffic ticket attorney. Prior to representing yourself in court, give the Law Office of Scott R. Ball a call at 714-547-7500 for a free consultation on your case.

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