What is a traffic ticket?
A traffic ticket is a citation or summons issued to a
person who has violated a motor vehicle law. The citation or summons,
which is issued by a police officer or other authorized representative
of the government, is an order to appear in court before a judge.
After being issued the citation or summons, the person accused of
violating the law can remain free pending his/her need to appear in
court.
What are the classes into which
traffic laws are categorized?
Petty Offenses-a petty offense is a sub-group of
misdemeanor. Petty offenses typically may be tried before a magistrate
in a summary proceeding as the matter typically is handled all on the
date of the first appearance by the defendant in court. The defendant
may be denied the right to a jury trial without violation of
constitutional rights. Typically a traffic ticket is a petty offense,
and it is usually punished with the imposition of a fine.
Misdemeanors-violation of a misdemeanor law can result in the
imposition of punishment that is greater than that of a petty offense,
but not as severe as a felony. Felony-a felony crime can result in
imposition of greater punishment, such as jail sentence greater than
one year, or a fine exceeding $1,000. The class of a crime is
important to consider since the governing substantive and procedural
law are different between the classes. Petty offenses are provided the
least number of protections, while felonies have numerous protections
built into their treatment by the court system.
What could happen if a police officer wanted me to
sign a traffic citation and I refused? The traffic ticket contains an
actual notice to you of a pending court date at which you must appear.
By signing the ticket, you are providing an acknowledgment of receipt
of the notice to appear. Since the officer is charging you with a
violation of law, he could take you into custody. By signing the
traffic ticket, you avoid being taken into custody at that time, and
are released on your own recognizance pending the court date. It is
better to sign the traffic ticket and go about your business pending
the court date. By signing the traffic ticket, you remain free and
retain the right to show up at the hearing to contest the issuance of
the citation or summons.
A person is free to refuse to sign the traffic ticket;
however, the police officer is free to place him/her under arrest and
take him/her into custody.
What should I do after being
given a traffic ticket? In deciding what to do about a traffic
ticket, you need information such as:
The potential punishment that you face for the charged
violation of law Any possible defenses, justifications or mitigating
circumstances The impact that the violation of law will have upon your
privilege to drive The impact that the violation of law will have upon
your automobile insurance The amount of energy, time and cost involved
in contesting the charged violation The need to retain a lawyer to
protect your rights A good course of action is to cooperate with the
police officer issuing the traffic ticket. You may speak with the
officer concerning the issuance of the traffic ticket, but bear in
mind that the statement you give to the police officer may be used
against you in a court of law. After signing the traffic ticket, make
notes about the circumstances that lead up to its issuance while the
events are still fresh in your mind. Then begin to gather all the
required information. You may ask a lawyer for some advice.
WHY YOU NEED LAWYER FOR TRAFFIC OFFENSES...
Traffic tickets can have serious consequences. While most traffic
tickets are just "violations" under Colorado law, many
people don't understand that some traffic tickets are actually
criminal charges. Aggravated Unlicensed Operation of a Vehicle is a
crime in New York and it Driving Under Suspension can happen just by
driving when you knew (or had reason to know) that your license was
suspended. A suspension can happen when you have several minor
tickets or just one very serious ticket. Many motorists get
suspended simply because they fail to respond to the ticket and don't
know what to do when it becomes a problem years later. Some
people try to move away from their problems and soon find out that CO
can prevent you from getting a license in other states as well.
That's why these matters must be handled in a timely and
professional manner. Your attorney can help take care of traffic
tickets, even if you live outside Colorado State.
If you have received a traffic ticket you have the constitutional
right to defend yourself and confront the witnesses against you. Why
hire a lawyer to fight a traffic ticket? Because if you are convicted,
you will pay fines, you may have points put on your license, you may
face suspension or even revocation of your license, not to mention
increased payments to your auto insurance company. And besides, most
jobs don't prepare you to cross-examine a police officer. That is
something best left to someone who knows the rules of the game- your
attorney. An experienced traffic attorney can help even the odds
against you.
Defending yourself in Traffic Court can be complicated, but don't
plead guilty by mail! Often we can help get the ticket reduced
or perhaps dismissed. We fight tickets all across the Front
Range. Each court is different. In some cases we can work
out an arrangement with the prosecutor to reduce the charges and
some cases, you don't even have to come to court.
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