at the court directly to speak with one of the clerks. Be
sure to have your ticket with you. You need to ask the clerk:
- Is it appropriate for you to go to traffic school?
- When would be the latest date in which you can contest
your ticket?
- What are the steps in which you must take in order to
appeal your ticket?
- Will the court be able to extend the deadline to contest
the ticket?
If you are able to go to traffic school, it is almost always
a good idea to do it to save the hassle of contesting your ticket.
If going to traffic school is not a possible option, then
there are several options you can take. The main options are either pleading
guilty, guilt with an explanation,
or not guilty. Since this guide is to help you contest and
fight your traffic ticket, I will focus on the choice of pleading not guilty. I
would advise you not to plead guilty with
an explanation, which is basically pleading guilty, but you
are going to write up an explanation for your behavior and hope to move the
judge’s heart so that he may decide to reduce or defer the fine. However, the
drawback is that this still will go on your driving records, and your insurance
rate will go up, which the factor that you should be worried most about.
It is your right to plead that you are not guilty, even if
you turn out to be guilty or you think that you are guilty.
Step III – Preparing to
Appeal
According to the Sixth Amendment:
In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the State and
district wherein the crime shall have been committed,
which district shall have been previously ascertained by
law, and to be informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory process for
obtaining witnesses in his favor, and to have the Assistance of Counsel for his
defence.
The speedy trial rule basically states that after pleading
not guilty, your trial must be done within a short amount of time. If not, your
case must be dismissed. A short amount
of time is defined differently in each state. Usually
between one to two months at max.