5/7/11

How to Represent Yourself in Traffic-Violation Court

A traffic or moving violation is a minor offense that many drivers incur as the result of speeding, improper lane changes, improper U-turns and other violations of a state's traffic laws. It is likely that you may wish to choose to represent yourself in traffic court as the possible fine is usually minor and hiring an attorney often would cost more than the fine. Properly representing yourself requires knowledge of the law and the procedures followed in the traffic court in your particular jurisdiction.
    • 1

      Research the nature of the traffic violation. Look for a number on your ticket that indicates a statute or vehicle code. The reference to a code or statute indicates that you are accused of violating said statute or code. Most vehicle codes are available online at the state's department of motor vehicles website. Study the vehicle code.

    • 2

      Analyze the elements of the vehicle code to learn what the state must prove in order to show that you violated the code. Focus on each element of the law and see if you violated a provision. You must violate all elements to be successfully prosecuted.

    • 3

      Search for case law interpreting the statute or code if the code is complex or unclear. You can visit a law library, which is often found in or near courthouses or on college campuses or use a legal search service online to search for cases. If you find any court decisions, read the opinions and see how they help or hurt your position. Check the case for any notations that the case has been overturned.

    • 4

      Write down what you plan on telling the judge during traffic court. Think about why you did not violate the statute or code legally (if there is such an argument) and why you did not violate the statute or code as a factual matter.

    • 5

      Appear in traffic court on the date indicated on your ticket and articulate your position to the judge why you believe that you did not factually violate the statute or code and why the case law supports your position, if applicable.

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