What Is a Traffic Violation?
Traffic violations can be sorted into a number of categories based upon their potential negative impact on public safety. In general, traffic offenses are either moving or non-moving violations.
The most frequently searched for traffic offense in Google, a moving violation, typically involved recklessness or negligence on the part of the defendant. For example, vehicle speeding or racing can both be considered moving violations. Other common examples of moving violations include careless driving, running stop signs and red lights, driving without a license or permit, negligent vehicle operation, and various forms of substance abuse. If proven in court, certain moving violations can result in heavy penalties, including high fines, points on your license, and even a suspended or revoked license.
In addition to moving violations, many traffic crimes are considered non-moving violations. These offenses typically have less of an immediate impact on public safety, focusing instead on a driver’s ability to follow safety regulations. Common non-moving traffic violations include driving without a valid license or insurance , operating a vehicle with expired tags, and ignoring regulations posted while on private property. In general, non-moving violations involve fewer points on your license and less serious penalties in general.
It is also important to note that Florida law divides traffic violations into two categories – criminal and non-criminal. Criminal traffic violations are treated just like other criminal offenses. This means that you will almost always be required to appear in court for any criminal traffic offense, no matter how minor it may be. Non-criminal traffic violations, on the other hand, can typically be paid as a fine. A few non-criminal traffic offenses that require court appearances include speeding over 30 miles per hour, driving without a valid license, driving with a suspended license, and causing an accident with a fatality.
Although certain minor traffic offenses can typically be handled by paying a ticket in court or online, criminal traffic violations may involve additional fines, involuntary community service, mandatory traffic school, mandatory counseling, and even incarceration.
When Do You Need a Lawyer?
The best way for me to explore the question of whether you should hire a lawyer for traffic court is by pointing you to the three questions that I ask every potential client. The first question I ask is: "What are you truly being charged with?"
Often times, people seem to be surprised when I tell them that the charges listed on the ticket they received in the mail are not the only possible charges for that type of incident. Let’s start with a somewhat common example: failure to use a turn signal while merging into another lane. The police officer sees the lane change, records it, and hands that ticket to you. You mail that ticket back with your payment and don’t question that charge.
But what if I told you that upon reading the statute further, it is entirely possible that, at minimum, four different violations were committed? In Pennsylvania alone, there is an entire section of the Motor Vehicle Code (Section 333 – Duties upon Turns and Lane Changes) that covers this area of law.
Every ticket has a lesser included violation. That means there is a more minor traffic offense associated with every ticket a police officer issues. Most of the time, there is not an attorney present at the end of the case to negotiate down a case and to settle for the lesser included violation. Instead, because the defendant is not aware of the included violation, the defendant simply pays the ticket – even though a potentially much lower fine existed.
So how do you determine whether your case falls within the range of common traffic violations, or whether it is so serious that a lawyer is necessary? Of course, that depends on a variety of factors.
The first thing to assess is the charges at hand. If the charge for which you have been cited carries a possible license suspension, then you certainly want to speak with a lawyer. As a rule of thumb, anything that carries a license suspension is likely severe enough to require representation.
The second thing to assess is the seriousness of any possible injuries to another driver or passenger. Any case in which someone was seriously injured in a car accident may require representation. This is especially so if you have limited insurance coverage that simply cannot cover the serious injuries of the other party or parties.
Next, you would want to assess the facts of the case that make it more complicated. For example, was there more than one car involved in the crashes? In that case, there may be a lot of issues before the court. The police may have spoken to other drivers who have divided opinions about what actually happened. The case may have moved from the local magisterial district court to the Court of Common Pleas. In counties such as Monroe, the case will go before a jury of community members.
Another factor that makes a case complex is whether you had to travel out of state to get the case adjudicated. If you got a Out of State Driver Cited in a Traffic Violation, you probably had to go before a court in that state to fight your charges. That can be a complicated and time consuming reality, especially if you or your loved ones are traveling from Pennsylvania. You will want to hire a professional to help you throughout that troublesome situation.
Advantages of Having a Lawyer
In addition to the above factors, having counsel can result in the dismissal of the charges or reduction of penalty under some provisions specifically applicable to individuals who are represented by counsel. For example, the Point and Insurance Reduction Options are available to individuals represented by counsel. As you will read in more detail in the "Options" section, these options often result in a better outcome when a driver is represented by counsel than being represented pro se (on one’s own). Further, often times by having counsel present, the defendant can negotiate with the Officer outside of the court, then be presented with a deal in court that will be beneficial to him or her. Some people might think that this is illegal or unfair. However, the reality is that officers have discretion and are given the ability to enter into an agreement with the defendant in their professional capacity. Finally, there are also some statutory provisions that apply only to defendants represented by counsel. For instance, a 1-point reduction is available for any defendant indicted by an indictment or accusation. Given that the courts have held that traffic cases are criminal actions subject to the criminal rules, this provision would apply to driving-related cases that are indicted by bill of information.
Cost Versus Value – Is It Worth It for You?
If you consider the financial cost of attempting to resolve a ticket on your own, you will almost surely spend hundreds of dollars in fines and nickels and dimes in insurance premiums before you reach the end of the process. In addition, if you plead guilty at the window to the person working for the court, they don’t always take into consideration that the points assessed on the violation can you can have an effect on your ability to transfer insurance policies to other providers or other vehicles . As well, if you receive enough violations you will ultimately have to appear in front of the motor vehicle commission to defend your driver’s license.
If you feel more comfortable going to court with someone who is knowledgeable in NJ traffic laws and how traffic courts function, it may make a lot of sense to hire a traffic attorney. If you gamble and go to court on your own, you are gambling with your right to drive in the state of New Jersey.
Getting Additional Help with Your Case
Many people want to know about the alternatives to hiring a lawyer for traffic court. Self-representation is one alternative to hiring a traffic ticket lawyer (which is the best alternative for winning traffic cases and paying less). But there are mid-range alternatives to hiring a traffic ticket lawyer, which if you have enough time and preparation are worth investigating.
Some people find peace of mind with a first sit-down session of at least two hours with a prior prosecutor and judge who can explain the pitfalls and opportunities of appearing in traffic court. The system is an opportunity for people that most people don’t realize is available. But without advance preparation, people are treated badly by the system. This consultation covers not only your case (some tickets are unwinnable), but how the system works. The more knowledge you have, the better off you are.
Others don’t mind representing themselves but don’t want to go it completely alone. These folks often want to prepare by understanding everything that will happen the day they go to court and get valuable suggestions on their case. They want a seasoned professional who can help them learn as much as possible, which includes digging into the details of your case. For these people, we offer a crash course in traffic law and procedure. We call these sessions "traffic boot camp." This is not designed to help you win, but to make sure you won’t crash and burn if you lose. The system needs to know you know what you’re doing as a pro se. Even if you don’t know what you’re doing, they will respect you more than if you just come in and get walked on. We’ve all seen this happen in real life, where someone looks like they don’t even belong in traffic court. "What is she even doing in here?"
We also have a less intensive service where we help you get your tickets dismissed by working out something with the prosecutor that would be reasonable to them. We know who the prosecutors are and what they are looking for. We are usually able to guess what they would agree to if presented with various facts. For example, many jurisdictions won’t do a driving course (something that doesn’t apply to speeding tickets) without some other major concessions which is not worth it for people who get speeding tickets. There is almost always something the prosecutor can do that is better than the automatic situations at Traffic Safety School, which is a good thing because they don’t dismiss speeding tickets if you go to Traffic Safety School.
How to Select the Right Lawyer
When it comes to choosing a traffic lawyer, there are a few key factors that you should keep in mind. First, look for an attorney who has experience handling traffic cases in your specific jurisdiction. Each state and county can have different traffic laws and court procedures, so it’s important to find an attorney who knows the particular laws in your area.
Next, you should consider the reputation of the lawyer. Ask around and see if anyone you know has hired the attorney in the past. You can also read reviews online and check the state bar website to see if there have been any disciplinary actions taken against them.
You should also feel comfortable with the attorney and be able to communicate effectively. A good traffic lawyer will take the time to listen to your case and explain the possible outcomes and ramifications of each. They should also be accessible and return phone calls and emails in a timely manner.
Finally , be sure to ask about the lawyer’s fees and payment options. Traffic lawyers may charge by the hour or lump sum, so make sure you understand how they bill for their services before hiring them. Overall, choosing the right traffic lawyer can be a challenging process, but with a little research and preparation, you can find someone you trust to represent you in court.