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Traffic Summons

Individuals that have received a traffic summons will have decisions to make on how to handle their traffic summons. Uncertainties of what a traffic summons means and how to defend traffic summons often lead to questions like the ones answered below.

What is traffic summons?

A traffic summons is a traffic ticket that contains a citation and a summons to appear in court. Determination of guilt will be made in court. Certain traffic summons allow for the fines to be paid in lieu of a court appearance.

I was given a traffic summons for passing a dessert truck in the city of Newark, New Jersey 45 minutes after the city ordinance allows the dessert truck to operate. Would this be a valid defense to the traffic summons I received?

You can use that as your defense. You would argue that you were familiar with the ordinance that outlaws them to operate after 9:00 pm and with that knowledge you we unaware that they were actually operating. State that they were operating illegally because it was after operating hours. If you do not wish to go to trial you can check to see if deferment is available to you. Possibly check if defensive driving school is an option and get the ticket dismissed. The court can be contacted to see what options are available if defensive driving is not an option.

I have traffic summons to appear for a traffic violation. What happens if I don’t appear to court?

If you received traffic summons to appear for court and do not show up, a bench warrant will be issued for your arrest. Having a bench warrant would mean that at any given time you are pulled over for another traffic violation or stopped at a license check point you will be arrested. So your options are to pay the ticket before the court date (depending on the traffic violation) or show up for court.

I was issued traffic summons. The officer wrote a summons for traffic court, but he wrote down the address wrong. Would appearing in traffic court and asking for discovery of evidence of my correct address get the ticket dismissed?

If the wrong address is your home address it would not be grounds to have the ticket dismissed because that piece of information has no bearing on the violation you may have committed. But if the address of the courthouse is incorrect on the ticket, then it may be grounds for dismissal. Individuals need to be properly notified where to appear for court.

I have been issued a summons for trespassing 140.05 and harassment 240.26-02 violations in New York State. If I plead guilty what kind of fine or record will I have?

If you are going to fight the case, the District Attorney will need to prove beyond a reasonable doubt that you are in fact guilty of the crime(s) charged. The codes you provided tell me that these charges are actually violations, the lowest level of criminal offense in the state. They are similar to traffic tickets. You could plead guilty and still not have a criminal record. It would still show up as a conviction on a criminal background check but as an infraction, not a crime.

Understanding what traffic summons is can help when dealing with questions regarding all types of traffic summons. Experts can help answer questions about what happens in court for a traffic summons or how to defend a traffic summons. Get the answers fast and affordably by asking an Expert.
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