People ask all the time (attorneys and non-attorneys)… why
hire an attorney to fight a traffic ticket?
People generally associate attorneys and lawyers with a high
price tag (i.e., in the thousands of dollars). So most people don’t think about
hiring an attorney for a traffic ticket (the ticket is just a couple hundred
bucks, right?).
As many of you know, tickets are getting more and more expensive these
days, perhaps exponentially more expensive. Just two years ago, I received a ticket (minor infraction) for over $500! (Imagine that on my law school budget!) Had I known 2 years ago what I know now, I would never have paid the ticket. All I was thinking was the headache it will take to go to court and take time off school (and during finals too). I did try the "trial by declaration", but that didn't work.
You probably are thinking that an attorney will cost you hundred or thousands of dollars (most people think "retainer"). However, there are
attorneys who specialize in handling traffic tickets at very
affordable fees, and sometimes even flat fees.
A
traffic attorney can potentially help you with three things: save time, save money, and be your best friend through the court system.
1. Time Saving
If you decide to fight the ticket, you will
have to go to court a few times. Keep in mind, you will most likely have to take time off work or school in order to go to court. When you go to court, you first have to wait outside in a long line before the courthouse is open, then you have to sit in the courtroom and wait your turn to be called. I remember in Chatsworth they make you listen to a long video while you are waiting too. Also, there will be TWO times you will have to go to court. First, you have to go to the arraignment (where you plea guilty, no contest, or not guilty; and you get a trial date; no opportunity to talk about your case here, and the officer will not be there). Then, you will have to go to your court trial. In both instances, you will have to wait your turn. How long you are in court will depend on how many people are there that day for a ticket.
2. Cost Saving
When you are thinking of hiring an attorney for a traffic ticket violation, you need to think about the cost-benefit analysis.
You have to weigh the value of the ticket and the cost of hiring an attorney. A red light camera ticket is usually $480. If you decide to fight this yourself, you will most likely have to post bail ($480). You will have to post bail for other traffic violations as well. The benefit of hiring an attorney is that you don't have to post the bail (why? because the court trusts the attorney to show up on your trial date on your behalf without a bail). It is especially worth it to hire an attorney if you are cited for a very high fine.
So, already you are saving the two trips it would've taken you to go to court, plus it'll save you on the bail you would've had to pay up front.
3.
Legal help
Attorneys spent years in school learning about laws and legal procedures. All this applies to traffic law and traffic court. The standard in a traffic trial is the same as in any other criminal trial. An attorney will argue that the court cannot convict you beyond a reasonable doubt, the same way an attorney will argue to a criminal court for a criminal trial. An attorney can research the statute, introduce evidence, cross examine the officer, make an argument to the court, etc. Also, an attorney can help negotiate for a reduction of the violation, or they can help argue to the judge for a reduced fine. Also, if this ticket will increase your insurance premium, an attorney can strategically help you schedule a trial date to avoid that from happening.
An attorney can help you with a traffic ticket, and it may be beneficial for you to hire one to do so. The benefits are: the time saved, money saved (the best scenario is if ticket gets dismissed entirely), and the headache you will have saved.
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| Contrary to popular belief, officers do show up to court! |
I am an attorney in Ventura, California, and I do handle traffic and DUI cases. See my case results here: http://lincharlotte.com/traffic-case-results/.
If you need help with your upcoming traffic or DUI case, please contact me at 805-517-4LAW or 805-517-4529, or email me at attorneycharlottelin@gmail.com. Please visit my new website at www.lincharlotte.com for new traffic and DUI legal information.
