How Does Traffic Court Work?
Traffic court is an essential part of the justice system. Whether you’ve been ticketed for speeding, running a red light, or driving without a valid license, knowing what to expect in traffic court can help alleviate the stress and confusion that often accompany a traffic violation.
Our attorney at the Foulk Law Firm, has the experience and know-how to help get your ticket resolved. Let’s explore how traffic court works, including the benefits of working with a traffic attorney in Brentwood, Missouri.
What Exactly Is Traffic Court?
Traffic court is a court where cases related to violations of traffic laws are heard. Traffic violations can range from minor infractions, such as a parking ticket, to more severe offenses, such as driving under the influence (DUI) or reckless driving.
In Missouri, traffic court handles cases related to both moving violations, such as speeding, and non-moving violations, such as parking tickets.
The process in traffic court is generally more straightforward than criminal or civil court, but it’s still important to understand the rules and procedures. If you’ve received a traffic citation or have been involved in a traffic accident, you may find yourself needing to appear in traffic court.
The Traffic Court Process
When you receive a traffic ticket in Missouri, it typically includes a court date and instructions for how to proceed. The process begins with your decision on how to handle the citation. Your options include:
Paying the fine
Contest the violation
Or requesting a court appearance
Once you’ve considered your options, you can decide how to proceed.
Paying the Ticket
In many cases, Missouri allows individuals to pay the fine directly to the court or to the municipality that issued the citation. This option is often available for minor offenses like speeding, failing to stop at a stop sign, or other non-criminal violations.
Paying the fine generally means you're admitting guilt, and the violation will be recorded on your driving record. Depending on the offense, this may lead to points being added to your driving record or even an increase in your insurance premiums.
Requesting a Court Date
If you don't agree with the citation or you want to contest the violation, you can request a court date. In Missouri, the court date is typically scheduled several weeks after you receive the ticket.
Once your court date is scheduled, you'll be expected to appear in traffic court to present your case. If you don't appear, a default judgment may be issued, and you could face additional penalties.
Pleading Guilty or Not Guilty
At your court date, you'll be asked to plead either guilty, not guilty, or no contest to the charges. If you plead guilty, the judge will impose a penalty, which may include a fine, points on your driving record, or other sanctions.
If you plead not guilty, the case will proceed to trial, where both the prosecution (usually the police officer who issued the ticket) and your defense will present evidence and make arguments.
If you plead no contest, it’s essentially the same as a guilty plea, but it can't be used against you in a future civil case.
What Does a Traffic Attorney Do?
While traffic court may seem like a simple process, there are many intricacies that can affect the outcome of your case. This is where a traffic attorney can be incredibly valuable. Hiring a traffic attorney in Missouri provides several benefits that can improve your chances of a favorable outcome.
Providing Legal Advice
A traffic attorney is well-versed in Missouri’s traffic laws and understands the intricacies of the court system. They can help you understand your rights and the potential consequences of pleading guilty or not guilty. An attorney can also provide guidance on whether it’s worth contesting the ticket or if paying the fine would be the most favorable course of action.
Fighting the Charges
One of the most significant benefits of hiring a traffic attorney is their ability to fight the charges against you. An attorney will review the details of the citation and determine if the officer had proper cause to issue the ticket.
They may also identify any potential errors or weaknesses in the prosecution’s case, such as discrepancies in the officer’s report or issues with the evidence. If there are flaws in the case, a traffic attorney can work to have the charges reduced or dismissed.
Negotiating on Your Behalf
Traffic attorneys are skilled negotiators and can often work out a favorable plea deal on your behalf. If you’ve committed a violation but want to minimize the impact on your driving record, an attorney may be able to negotiate for a reduction in the fine or the removal of points from your record.
In some cases, they may even be able to arrange for a deferral or diversion program, which could result in the charges being dropped after a period of compliance.
Protecting Your Driving Record
In Missouri, traffic violations can lead to points being added to your driving record, and accumulating too many points can result in a suspended or revoked driver’s license.
A traffic attorney can help protect your driving record by advocating for the removal of points or for reduced penalties. In some cases, they can help you avoid the long-term consequences of a violation that could otherwise affect your driving privileges and insurance rates.
Representing You in Court
If your case goes to trial, a traffic attorney can represent you in court. They'll cross-examine witnesses, present evidence, and argue on your behalf. Having a lawyer who understands the nuances of traffic law can significantly improve your chances of a favorable outcome.
A traffic attorney’s experience and advocacy in court can be the difference between a conviction and a dismissal or reduction of charges.
What to Expect in Traffic Court Hearings
On your scheduled court date, it’s essential to be prepared for the proceedings. Here’s what typically happens during a traffic court hearing.
The Courtroom Environment
Traffic court is usually held in a municipal or county court. The judge will oversee the case, and the prosecutor (or officer who issued the ticket) will present the charges against you. In some cases, the officer may not be present, in which case the case may be dismissed. If the officer does show up, they'll testify about the details of the citation.
Your Opportunity to Present a Defense
As the defendant, you've the right to present your side of the story. If you have evidence, such as witness testimony or photos, your attorney can present this on your behalf. Your traffic attorney will prepare and argue your defense, pointing out any flaws or inconsistencies in the prosecution’s case.
The Judge’s Ruling
After both sides have presented their arguments, the judge will make a ruling. In some cases, the judge may issue a verdict immediately, while in others, they may take time to review the evidence and render a decision later.
If you're found guilty, the judge will determine the appropriate penalty. This could include:
Fines
Points on your record
Or even a suspended license
If you're found not guilty, the case will be dismissed, and you won't face any penalties.
Contact a Traffic Attorney Today
Understanding the traffic court process and having the right legal representation can make all the difference. Whether you’ve received a simple speeding ticket or are facing more serious charges, an experienced traffic attorney can provide invaluable support and advocate for the most favorable possible outcome. Don’t risk the consequences of a traffic violation—contact Attorney Donald W. Foulk. The Foulk Law Firm is proud to serve the Brentwood, Missouri, area. Reach out today.