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DUSLaw, Attorney
Category: Traffic Law
Satisfied Customers: 9934
Experience:  Years of experience as a criminal and traffic law attorney
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What is the procedure for a traffic violation pre-trial hearing

Resolved Question:

What is the procedure for a traffic violation pre-trial hearing and is it risky not to have representation?
Submitted: 5 years ago.
Category: Traffic Law
Expert:  DUSLaw replied 5 years ago.
In what state is the traffic violation?
Customer: replied 5 years ago.
Expert:  DUSLaw replied 5 years ago.

Unless you are at risk of losing your license due to prior offenses or the current offense then there isn't a real need to have an attorney at this stage. You will have

an opportunity to negotiate a reduced plea or resolve the ticket without needing a hearing. If for some reason you are not offered a favorable resolution then make sure you ask the judge to allow you an adjournment (new court date) to return with an attorney and then let your attorney handle the case.

Customer: replied 5 years ago.
What I've been told is you are given a pre-trial hearing with the judicial officer (without the ticketing officer present) and if the ticket is not resolved at that time, there is a final hearing with the ticketing officer present. If the ticket is still not resolved then, it goes to trial, but I imagine this is a rarity.

I have had 2 tickets prior to this one, neither within the last two years. I did traffic school for both of those so points wouldn't be put on my license. This current ticket is for the lowest speed bracket they can ticket for. Is it reasonable to expect that at the pre-trial hearing if I request not to have points assessed for this ticket, it would be granted?
Expert:  DUSLaw replied 5 years ago.

You are required to satisfy your traffic citation within thirty (30) calendar days. Your options may depend on your driving record but if your drivers license is in good standing typical options are as follows:
1.Elect traffic school option
2.Pay the civil penalty
3.Request a court appearance

Yes attending the school since it's been over 2 year will help and should be offered. The issuing officer need not be present at this upcoming appear but would be required if you do ask for a court hearing as his appearance is necessary to prove you were the person issue the tickets and why.


Obviously you don't want to Pay the civil penalty because If you pay the full fine points will be applied against your drivers license when applicable and your auto insurance rates may go up or your policy may be cancelled.

If you elect the option to request a court appearance for the violation(s) and it is determined that an infraction has been committed, the Court may adjudicate you guilty, assess points, impose a civil penalty not to exceed $500 ($1000 for violations involving a death or speeding in school/construction zones) or require you to attend traffic school, or all of the above. Additionally, your insurance rates may go up or your policy may be cancelled.

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