what is a traffic case

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What Is Traffic Court Like?

(This may not be the same place you live)

  What Is a Speeding and Moving Violation?

A legal violation involving a traffic ticket is a speeding and moving violation in most circumstances. These violations typically happen when a motor vehicle is in motion rather than stationary.

Speeding and moving violations may involve matters including:

• Driving recklessly or dangerously;
• Driving while under the influence;
• Displays of speed;
• Failure to obey traffic rules, for instance, not stopping at a red light;
• Racing; and
• Miscellaneous other violations.

Not all traffic court cases involve speeding or moving violations.

Typical examples of non-moving traffic violations include:

• A citation for an outdated license plate;
• A citation for outdated registration stickers;
• Illegal parking; and
• Keeping a non-operational motor vehicle parked on the street for too long of a time.

The majority of traffic tickets are deemed citations. These citations will result in a small fine. There are, however, some offenses that may result in misdemeanor traffic offenses or felony traffic offenses , especially if an individual is hurt or killed.

There are multiple different types of traffic transgressions. The regulations governing these violations may differ from state to state. A traffic misdemeanor often involves danger to human life, safety, or property.

The following acts are normally deemed criminal traffic misdemeanors:

• Reckless driving;
• Driving without car insurance;
• Driving without a license;
• Hit and run accidents;
• Failing to stop after an accident happens; and
• Driving under the influence of drugs or alcohol (called DUI or DWI).

A felony traffic violation is more severe than a misdemeanor traffic offense and, thus, will carry more strict penalties. The kinds of traffic violations that are deemed felonies will vary by state.

The following are generally considered to be felony traffic offenses:

• Vehicular manslaughter ;
• Vehicular homicide;
• Consecutive DUI convictions;
• Repeat offenses, including driving without a license;
• Types of reckless driving which cause injury or property damage;
• Hit and run ;
• Fleeing the scene of an accident; and
• Fleeing from law enforcement.

Can I Fight a Traffic Ticket?

How can i decide whether to challenge a ticket, what happens once the hearing begins, will i have the chance to question prosecution witnesses, what type of testimony is subject to cross-examination, will the judge give a verdict, what is the most likely sentence in a traffic hearing, should i contact a lawyer about traffic court.

If an individual has obtained a citation for a traffic violation , it may be possible for them to oppose the ticket. It will largely hinge on what violation the citation is for. In some circumstances, an individual may have a defense to the citation, such as if they were avoiding a traffic accident by making an illegal turn.

Several strategies may be successful in fighting a traffic ticket, including:

• Questioning the observations of the officer;
• Mistake of fact conduct;
• Legally justified behavior; and
• Conduct to avoid harm.

An individual may be able to challenge the officer’s observations who wrote the ticket. If the person can provide witness statements, photos of the area, and diagrams of where their car was concerning the law enforcement officer’s vehicle, their case will be more assertive.

If an individual can demonstrate to the court that they made a genuine mistake or a mistake of fact, the ticket or charge may be dismissed. For instance, if a stop sign was obstructed or stolen, an individual’s “failure to stop” ticket may be thrown out.

Another available defense may be legally justified behavior. If an individual can demonstrate that they were justified, a ticket may be disregarded, such as slowing down in the left lane to make a left-hand turn.

A court may dismiss an individual’s traffic ticket if they can demonstrate that their actions directly resulted from attempting to avoid harm to themselves or others. For instance, if an individual has to swerve across the double yellow lines to avoid hitting an individual riding a bicycle.

Although these are common defense strategies, it may still be hard for an individual to have their traffic ticket dismissed. It can be very useful to have an experienced attorney in traffic court.

If an individual cannot decide whether or not to contest a traffic ticket, they may wish to consult an attorney. It is essential to determine the exact charge and refer to the law governing that charge.

People may be surprised to learn that law enforcement officers may give citations for violations that are not actually violations. In some circumstances, the law enforcement officer may not be up to date on the laws or do not recognize that the citation they gave was not an application of the law.

The first step an individual should take is to check and see if the law applies to the case. If the law does not apply to the citation or ticket an individual received, it is clear that they may want to contest the ticket.

When a driver decides to contest a ticket , the first question that usually pops into their head is, “What is traffic court like?”

The following is a simple step-by-step guide to a hearing in traffic court :

The Clerk Calls the Parties in the Case The court calls all parties to the courtroom. A prosecutor represents the state. The defendant can either represent themselves or hire a lawyer for representation. All witnesses are called.

The Judge Listens to Any Motions Motions are requests made on some aspect of the case.

Motions include:

• Request to dismiss the case
• Request for a continuance
• Request for the prosecution to give the defendant any officer’s notes

Before any testimony, the prosecutor and the defendant make opening statements. Either party may waive their right to make an opening statement.

• After all opening statements are made, the following happens:
• Prosecution presents witnesses
• Defense presents witnesses
• The prosecution makes closing statements
• Defense makes closing statements

Yes. The defense has the right to question each prosecution witness once the prosecution is done questioning that witness. This secondary questioning by the defense is known as cross-examination. All of the questions asked by the defense during cross-examination must relate to the traffic ticket. After cross-examination, the prosecution may ask the witness more questions or dismiss the witness from the stand.

The Sixth Amendment of the U.S. Constitution ensures the right of someone accused of a crime to be confronted with witnesses against them. This right is usually termed the confrontation clause.

The purpose of this right is closely tied with the concept of being innocent until proven guilty. By holding the right to be confronted by one’s witnesses, the accused secures the opportunity to cross-examine witnesses. This enables the accused to challenge the accusations of the witness but permits the trier of fact (either the judge or jury) to weigh the witness’s demeanor before deciding on guilt.

According to the Supreme Court, testimonial statements must be subject to cross-examination. Testimonial statements are statements made under circumstances where an objective witness could reasonably think that the statement would be used at trial.

A judge gives a verdict at the end of a trial. A judge will decide to take the matter under submission or advisement in some traffic cases. The terms “submission” or “advisement” mean the judge wants to wait to make a decision instead of immediately after each side has delivered their closing argument. They may wish to review more evidence or testimony before giving a verdict.

The sentence depends on how well the defense makes its case. The judge may find that the defendant is not guilty.

If the defense sways the judge but not enough to give a “not guilty” verdict, they may:

• Suspend the fine, or
• Decrease the fine.

A traffic violation attorney will help you answer the question of what traffic court is like. An attorney will also prepare you for each step in the traffic court process. The legal assistance will eradicate the mystery of the traffic court process.

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LegalMatch Legal Writer

Updating Author

Ty began working at LegalMatch in November 2021. Ty holds a Professional Writing Degree from Missouri State University with a minor in Economics. Ty received his Juris Doctorate from the University of Missouri-Kansas City School of Law in May of 2021. Before joining LegalMatch, Ty worked as a law clerk and freelance writer. Ty is a native of Lake of the Ozarks, Missouri, and currently resides in Kansas City. Read More

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Preparing for Your Case

• How to Prepare for a Consultation About Your Speeding and Moving Violation
• Top 5 Types of Documents/Evidence to Gather for Your Speeding and Moving Violations Case

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Everything You Need To Know About Traffic Court

Have you received a traffic citation for a moving violation? This FAQ will help get you started on how to proceed. Remember that the advice is general and each city or county may have different laws or procedures. If you have a specific legal question, contact a local traffic ticket attorney.

Need To Sign Up For An Online Traffic School? Check Out Our Online Traffic School Reviews!

Traffic Court vs Criminal Court

Although some states may consider minor traffic violations as a crime, in most states, these are not usually handled in a criminal court. But traffic violations resulting in more serious misdemeanor and felony offenses can be handled there, especially if there’s a possibility that the offense(s) may lead to jail time. 

Serious driving-related offenses such as driving under the influence (DUI), vehicle homicide, and reckless driving go to criminal court. Speeding violations, meanwhile, and other less serious traffic laws will go to traffic court.

To cite differences between the two courtrooms, traffic courts are less formal. Here, there is no right to a court-appointed attorney, so it is common to see people without legal counsel who represent themselves. 

The stakes in a traffic court are also much lower. The worst thing you can end up with after a traffic court when you are found guilty is paying a fine, or getting your driving privileges revoked or suspended.

How do Traffic Court Trials start?

A traffic court trial starts in a similar procedure as any other court trial. A clerk will call each case, and the driver, along with the traffic officer who issued the ticket will come up to the front.

Here, if the driver is present but the officer isn’t, the driver will win by default and the judge will dismiss the ticket. 

If both parties are present, the trial will begin with attorneys making opening statements explaining to the jury what they think the evidence will show. 

There will be times when opening statements are bypassed. When this happens, the presentation of evidence will begin right after the traffic court clerk calls the case, and the government will start presenting its evidence.

Do I have to sign a ticket?

Signing a ticket is not an admission of guilt, and police officers are not attempting to trick you by asking you to sign a ticket. Signing the ticket only means that you promise to appear in court on the scheduled date, pay the fine, or take some other action specified by the local court. If you won’t promise to appear in court, the officer will take you into custody and you will be held until you are brought before a judge.

Where do I have to go to take care of a ticket?

Traffic tickets are handled by the local county or city court where they are issued. The court’s name and address should be listed on the ticket.

How do I contest a ticket if I can’t go to court?

In most jurisdictions, you need to respond by the court date, but that doesn’t necessarily mean you have to appear in person. Many courts allow you to submit an affidavit of defense explaining any defenses you are raising. They will consider the affidavit as if you were testifying in person and then mail you their ruling.

You can also have an attorney appear on your behalf. They can either request a new date when you can appear or ask that the ticket be dismissed on purely legal grounds. However, they cannot argue facts without you present to testify unless the case is before a court that will allow you to testify via affidavit.

Check out this article for ways you can fight a traffic ticket.

What happens if I don’t show up in court?

At best, if you fail to appear in court as promised, a finding of guilt will be entered and a judgment for the fine and court costs will be entered against you. If you do not pay in a timely manner, your credit score may be damaged and the court may issue an order to garnish your bank account or wages.

Failure to appear or pay a fine may also result in your license being suspended. A warrant may also be issued for your arrest. While a SWAT team almost certainly won’t bang down your door one night, you will be taken into custody if the police see the warrant at a later traffic stop or other contact.

If the officer doesn’t show up, do I win?

Contrary to popular belief, an officer not showing up is not an automatic win. While the officer is needed to testify if a ticket is challenged, the court will usually grant the prosecution one or two adjournments to get the officer to appear in the same way they’d be willing to move the court date for you.

Excessive delays to the officer repeatedly not showing or other causes that are in the control of the prosecution are grounds for dismissal.

What is a no contest plea?

A no contest plea, sometimes referred to by its Latin name “nolo contendere,” literally means that you do not wish to contest the charges against you. While previously it might have resulted in reduced penalties or lower insurance rates, today it is virtually the same as a guilty plea.

The only real benefit to a no contest plea today is that, unlike a guilty plea, it cannot be used against you as an admission of guilt in a civil lawsuit (this would apply mainly where you are cited for an accident causing property damage or injury to another person).

Does traffic school erase a violation?

Traffic school doesn’t erase a violation from your record, but it will make it less visible. Insurance companies won’t see it, and your insurance rates won’t go up, but courts and law enforcement agencies will see it. If you receive another violation, it won’t be handled as a first offense, and depending on how long it was since your last one, you may not be eligible to go to traffic school again.

Check Out Our Top Rated Online Traffic School

Is a traffic ticket a crime?

Most traffic offenses are civil violations and are not crimes. Serious offenses, such as reckless driving or DUI, may be considered crimes. To avoid having a criminal record, never plead guilty to an offense unless you know for sure that it is only a violation.

Do I need a lawyer?

Most people handle traffic tickets on their own because the consequences of a first or second minor violation are small. However, successfully defending a traffic ticket is a very difficult task because police officers are presumed to be telling the truth about tickets they issued. If you need to beat a ticket to avoid license suspension, losing your job, or other serious consequences, you’ll almost certainly want a lawyer to represent you.

What if I can’t pay the fine?

To avoid a judgment being entered against you, a suspended license, or possible arrest, contact the court as soon as possible. Usually, you will be able to arrange a payment plan or alternative sentence such as community service. As long as you can show true financial hardship and good faith efforts to pay, courts will not be looking to put you in jail.

Will a traffic ticket increase my insurance rates?

Insurance companies have the right to raise your insurance rates if you are convicted of a traffic offense because it signals that you are a more risky driver. The final decision rests solely with your insurance company, but the answer is usually yes. The only exceptions are usually technical, nonmoving violations not related to safety such as forgetting to renew your registration.

Are red light or speed camera tickets “real”?

In some jurisdictions, red light and speed camera tickets carry the same weight as other tickets. Usually, these cameras are reviewed by police officers and are subject to the same court proceedings as any other ticket in that jurisdiction. Camera-issued tickets in other jurisdictions may only be punishable by a fine and not points or license suspension. Since the effects of these tickets vary widely, contact a local attorney to be sure of how to proceed.

Is it possible to beat a traffic ticket?

The short answer is yes. You have the right to go to court, to have the prosecution prove that the violation occurred, and to submit evidence on your behalf. The longer answer is that it’s very difficult to actually win — if the police officer contradicts what you say, the court will usually side with them, and most “legal” arguments posted on the Internet as good speeding ticket defenses are false.

The best course of action is usually to try to negotiate for a reduction to an offense that won’t carry the consequences you’re seeking to avoid, but if you absolutely need or want to attempt a defense, a traffic court attorney may be able to help you do so.

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Traffic delays on us 400 for emergency culvert repair.

BUTLER COUNTY, Kan. (KSNW) — Drivers can expect delays of up to 15 minutes as they travel on U.S. Highway 400 in Butler County.

The Kansas Department of Transportation says crews are doing an emergency repair on a culvert on the eastbound side of U.S. 400. The culvert is at Tallgrass Road, west of Beaumont.

The eastbound lane is closed. Traffic signals are being used to let one lane of traffic through at a time. Drivers should be prepared to slow down and stop, with delays lasting up to 15 minutes.

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KDOT does not know how long it will take to fix the culvert.

Check the KDOT website for updates on road construction projects on Kansas highways.

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DEKALB COUNTY, Ga. — The Georgia Bureau of Investigation will hold a news conference Monday to discuss the recent arrest made in the murder of a UGA law student.

Tara Baker, 23, died in 2001 after someone broke into her off-campus apartment, killed her and then set the house on fire to cover up the murder.

After the case went cold for years, the GBI charged 48-year-old Edrick Lamont Faust with her murder last week.

On Monday, GBI director Chris Hosey will hold a 2:30 p.m. news conference along with Athens-Clarke Police Chief Jerry Saulters and FBI Atlanta Special Agent Keri Farley to release more on the investigation into Faust.

Channel 2 Action News will have a crew at GBI headquarters and bring you the news conference, LIVE streaming in the WSB-TV news app.

“Tara Louise Baker was a hardworking student with a bright future ahead of her,” Hosey said after the arrest last week. “Tara’s life was stolen from her in a horrific act of violence. While this arrest does not bring her back to us, I pray that it helps bring closure to the Baker family as they continue their healing journey.”

Faust faces the following charges in Baker’s death: murder, two counts of felony murder, one count of aggravated assault, concealing the death of another, arson, possession of a knife during the commission of a felony, tampering with evidence, and one count of aggravated sodomy.

Anyone with information about this investigation or other cold cases is encouraged to submit a tip. Anonymous tips can be submitted by calling 1-800-597-TIPS (8477), online at https://gbi.georgia.gov/submit-tips-online , or by downloading the See Something, Send Something mobile app.

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Expect traffic delays in downtown jacksonville as ‘excited’ fans attend george strait concert.

Aleesia Hatcher , Multimedia Journalist

JACKSONVILLE, Fla. – Drivers could see some traffic delays downtown near the EverBank Stadium due to the George Strait concert.

RELATED: City, Jaguars to host 5 community meetings to discuss proposed stadium deal

Thousands of people filled around the gates outside the stadium as they waited to be let in.

A mother and daughter said they were excited to see Strait.

“Very excited to see George Strait. Very excited. Second time, her fourth time but yeah,” Gracie and Amanda Miller said.

They also said they’re big fans of country music.

“Oh yeah! Big country fans. Chris Stapleton is like my husband. Second husband, I am married,” they said.

They also said it’s good that more artists are coming to perform in Jacksonville.

“We definitely need more of a come-up. I think it betters the environment and betters the community. It brings a lot of revenue, gives people a chance to get out, not do bad stuff, more positive energy,” they said.

Another family traveled all the way from Georiga and they talked about the traffic.

“Traffic flowed, they had cones up and we got in the middle they had a block just for us,” Amy Carr & Chris Lowther said.

They said they’ve been to concerts with worse traffic.

“Before, we parked under a bridge somewhere, I don’t even know where. It took us a while to get in and get out. So we’re hoping to get out easier,” they said.

Alissa Westbrook and Kayla Olphert had a different experience.

“It was absolutely insane. Just everywhere like prepaid parking, and just trying to get a pregame pass was even hard in itself. So [we’re] hoping for the best coming down here and thankfully finding somewhere far away,” they said.

Olphert said she got her ticket from Ticketmaster.

“I’ve had some horror stories, other places where tickets get lost in the sauce so getting them through Ticketmaster is a little bit more reliable and making sure that we have those tickets on hand as soon as possible,” Olphert said.

Westbrook said she purchased her ticket from Vivid Seats.

“I was really nervous because when we showed up to the gate, it said our seats weren’t popping up. They scanned it and they were able to find our seats and let us in but it was scary because it doesn’t show what seats you have on the app. It’s very insecure,” Westbrook said.

Copyright 2024 by WJXT News4JAX - All rights reserved.

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• Negotiating With the Prosecutor in Traffic Ticket Cases

In some situations, a prosecutor may be willing to reach a settlement with a driver in a traffic ticket case instead of taking it to trial. This allows law enforcement and the court system to dispose of a case efficiently while still ensuring that a driver who violated a traffic rule faces some consequences. Since traffic violations are minor compared to most criminal offenses, the prosecutor may not feel that it is worth their time and effort to carefully prepare a case, even if they would have a strong chance of getting a conviction.

You should not expect that you will get your case dismissed through negotiations. The purpose of a settlement is a compromise, which means that you will not receive the ideal outcome. The judge might oversee a settlement conference in their chambers, or it might occur in a more informal setting or even over the phone. The settlement might be scheduled on a date before the trial, or it might take place in a conversation outside the courtroom on the trial date.

Types of Settlements in Traffic Ticket Cases

Sometimes a settlement will involve a reduction in the points on a driver’s license in exchange for paying the fine. Or it might involve allowing the driver to go to traffic school and keep the offense off their record, when the driver normally would not be eligible for traffic school. If someone has been charged with multiple violations, a prosecutor might agree to drop the other violations in exchange for accepting one of them.

If there is no prosecutor, a driver may be able to negotiate with the citing officer or with the judge. (However, negotiating with a judge is rare outside of requesting a fine reduction.)

An example of a compromise over a speeding ticket might be reducing the citation to ordinary speeding instead of excessive speeding, if there is evidence that your speed might have reached the level of excessive speeding. Another bargain over a single charge might involve reducing the amount of the fine, if the law gives the judge discretion over the amount. If the violation technically would allow the prosecutor to pursue a license suspension, they might agree to refrain from taking this step if the driver agrees to pay the fine.

The driver and the prosecutor might agree orally to a settlement, but then they would need to present their agreement to the judge. The prosecutor would tell the judge that they want to dismiss or reduce one or more charges and that the driver will plead guilty to any remaining or reduced charge. Sometimes a settlement will involve an agreement on sentencing as well. The judge typically will grant the prosecutor’s request, although this is not required. If the judge does not accept the settlement, the driver can withdraw their plea and proceed to trial.

Tips for Negotiations

You should not agree to a settlement on the trial date until the officer comes to court. The prosecutor might be offering you a settlement because they believe that the officer will not come, which would result in the dismissal of the case. You can ask the prosecutor if the officer will come or ask for time to consider the settlement offer. If the officer still does not appear, you can decline it.

A driver can refer to the evidence in their favor during negotiations, but they should be careful not to reveal their entire strategy if possible.

You should not admit guilt during the course of settlement negotiations, since this admission can be used against you if you do not reach a settlement. The prosecutor is not on your side, even if they seem friendly, and they would be able to testify as a witness about your admission. You should politely summarize why you think that the prosecutor will not be able to get a conviction based on the evidence, although you do not need to disclose all of your arguments.

Last reviewed October 2023

Traffic Tickets Legal Center Contents   

• Traffic Tickets Legal Center
• Traffic Stops by Police & Your Legal Rights
• Consequences of Traffic Tickets
• Fighting a Traffic Ticket in Legal Proceedings
• Pleading & Arraignment in Legal Proceedings in Traffic Court
• Discovery in Traffic Ticket Cases
• Juries & The Legal Process in Traffic Ticket Cases
• Trials & The Legal Process in Traffic Ticket Cases
• Presenting Testimony in Legal Proceedings in Traffic Court
• Cross-Examining the Police Officer in Legal Proceedings in Traffic Court
• Evidentiary Objections in Legal Proceedings in Traffic Court
• Appellate Laws & Procedures in Traffic Ticket Cases
• Types of Traffic Tickets Under the Law
• Working With a Traffic Ticket Lawyer
• Traffic Ticket Points Laws: 50-State Survey
• Traffic Ticket Legal FAQs
• Find a Traffic Tickets Lawyer

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