When we are fined with a traffic ticket, not all of us are aware of the process and procedures involved. This holds more true for those who are first timers and do not know how to get out of this situation. Whether it is a speeding ticket or a parking issue ticket, most of them have to undergo a court trial. Here is some useful information on how a court case for a traffic ticket is run.
All traffic tickets for violation are handled by division magistrate of the district court. The process and method of handling the case depends on circumstantial situation depending on whether the offence is a misdemeanor or an infraction.
Anyone who is issued a uniform traffic ticket should acknowledge service of the summons through signature while promising to appear for the citation. That way, he or she promises to appear for a trial in court room and in no way is that an admission of guilt. If someone does not sign the acknowledgment in the first go, the law officer may personally visit the driver and hand over the citation to him or her.
Violations or offences which are minor in nature and intensity are known as infractions. They are not really a crime but are civil public offenses and there could be a maximum penalty but no jail term can be sentenced. The penalties are usually fixed for such crimes and cannot be increased, decreased or negotiated. They can also not be suspected or withheld by any court. They are simply impending.
Since, infraction is not a crime, so no official arrest could be made in such cases and thus there is no situation like bail in this case. You could admit the infraction charge and simply pay the penalty by appearing in the concerned court or mail the fixed penalty directly to the court.
The other kind of offence is misdemeanors which are a traffic violation in which you need to appear in the court in whichever county the alleged incidence has taken place. You can request arraignment in any other court that is convenient to your area.
In this kind of cases, citations are filed by the officer who issued the traffic ticket and includes the court that summons. A date is issued for court appearance and if the defendant fails to appear in the court on the stipulated day, the judge may issue an arrest warrant against the defendant.
The fine amount of bail for misdemeanor traffic cases are set forth as per the county’s law. If a defendant has to plea not guilty in misdemeanor traffic cases, he or she has to appear in the court and no other means of communication is entertained.
The trial by jury comprises of a prosecutor on behalf of the state and if the defendant wants, he/she can be represented by any attorney to fight the case.
The court cases for traffic tickets are equally tiresome as any other trial that happens in the courtroom. It is always everyone’s wish that he or she does not have to appear in court during their lifetime for any offence, as such.