Traffic Trial Date - What to do, what to expect.

Ok, a week late, but here is what to do and what will happen when you arrive at traffic court for trial. Listed below are some basic pointers:

First and foremost, be on time. If the trial time is 8:30 a.m., do not arrive at 8:35. Quite a few courts will lock the doors and you will be out of luck. (see below for non-appearances)

Second, it is appropriate to address the Judge as "Your Honor." Always be courteous to the bailiff and clerk.

Third, dress in business casual (e.g. no tank tops, shorts, work-out clothes, flip-flops, etc.)

Fourth, prior to trial, be aware of the charges against you. You can find the specific code section violation in the California Vehicle Code via the internet or a local law library.

Fifth, if you were issued a "fix-it" ticket, bring the ticket with you with the appropriate "sign-offs" (tail lights, window tinting, etc.) A "sign off" means that you have had the problem corrected and either the police department or Sheriff has "signed-off" on the ticket as proof of the correction. A ticket without the sign-off is of no use at trial.

Sixth, if you were cited for lack of insurance, registration, or driving without a license, bring proof (e.g. Evidence of insurance card, paid registration receipt and your driver's license)that you did have the same on the date the citation was issued. If you did not have insurance, valid registration or license on the date the ticket was issued, get insurance before you return to court (the fine will be cut in half), get the car registered and apply for a driver's license.

Now, you are in line waiting to get into or already seated in the courtroom:

Each court has a different procedure when you arrive, but essentially, the initial goal is to check all litigants in to prepare the calendar/docket for the Judge. Either the clerk or bailiff will call your name to ensure that you are present in court. When you hear your name, a simple "here" is an appropriate response.

If for some reason, you fail to appear, the bail that you may have previously posted to secure a trial date will be forfeited and your case will be finished. If you missed your trial date and have a good excuse, you will have to go to the clerk's office and ask for another court date for you to appear and ask the Judge for a new trial date. If you haven't yet posted bail, you may be required to post bail in order to get a new court date. And, you may be required to pay the court costs ($50 or so) for the date you missed should the Judge agree to reset your trial.

Once checked-in and seated, the clerk or bailiff will advise all litigants of the trial procedure. All litigants and witnesses will be sworn in. Some judges, prior to the start of the court calendar, will ask the litigants if they would like to attend traffic school instead of going to trial. Some judges will not allow a litigant to attend traffic school after a trial. The decision to attend traffic school after a trial is completely up to the discretion of the judge. Should you choose to go to traffic school, you can enter a plea of guilty or nolo contendre. You will not be able to attend traffic school until you have paid your fine in full. The traffic school will also charge a fee.

If you have attended traffic school within the last 18 months, you may not be eligible to attend again. Some courts have a "second offender's" traffic school program available, however, if the violation carries a point, the same will remain on your record, and insurance companies can obtain this information.

The court will call the cases on the docket. If the officer that issued your citation is not present in court, the Judge will dismiss your case and if you posted bail, the same will be refunded.

If the officer that issued your citation is in court, he/she will stand on the side closest to the jury box and you will be on the side furthest from the jury box. If there is no jury box, the table may have signs such as "Plaintiff" or "Defendant." You are the Defendant. The officer will speak first and will recite the facts that caused the issuance of the citation. You are permitted to question the officer about their testimony. If you do not have any questions for the officer, you will present your case. Do not ramble or argue with the officer or the Judge. Be precise, succinct and state your position clearly. This is the time to present any evidence you have such as pictures, witnesses, receipts and the like.

The court may ask you or the officer a question or two. The court must make a ruling after both sides have rested. If there is any "reasonable doubt" that you violated the law, the court must find you not guilty. If the court finds that you not guilty, you are entitled to a refund of the bail posted and the ticket will not appear on your record.

If you are found guilty, the court will assess a fine. If you have posted bail, the same will be applied to the fine. If you have not posted bail, some courts will allow up to four months to pay the fine. Community service is available in some courts upon a showing of financial hardship.

If after the trial you do not agree with the decision of the court, you will have a limited time to file an appeal. Check with your local courthouse clerk for the time limits to file an appeal.

Next week,
Keep your butts in the car!

The Traffic Ticket - First Appearance

In Los Angeles County, when you receive a traffic ticket for a moving violation or other California Vehicle Code violation, you are required to sign the ticket. You are not admitting to guilt. Your signature promises that you will appear on or before the date on the ticket near or below your signature. Some people believe that the court will send you a "courtesy" notice to appear on a certain date. Do not fall into this trap! The court is not under any obligation to send you anything. If you fail to appear on or before the date on the ticket, most courts in Los Angeles County will cite you with a "failure to appear" which is a misdemeanor. The fine is steep, about $270.00. To avoid a failure to appear, you must either; 1)before the date on the ticket simply pay the fine; 2) go to the clerk's office and request a trial date (where you may be required to post bail before a trial date will be set); or simply appear on the date indicated. If you appear in court on the designated date, this first appearance is called an "arraignment." At the arraignment, you will be required to either;1) plead guilty where you will be assessed a fine; 2) plead no contest where you will be assessed a fine, or, 3) plead not guilty and a trial date will be set.
Next post: 7-26-09 What to do to prepare for trial.