Perhaps the area of law most encountered by the general public is criminal law. Just about everyone has been in the system – not for murder, theft, or assault but for a traffic ticket. This month’s column focuses on the criminal justice system and how it relates to handling an everyday traffic ticket.

Q. What kind of offense is a traffic ticket?

A. There are all different types and they range from the lowest misdemeanors to felonies, depending upon what the ticket is for. Your average speeding or failing to stop ticket is the lowest misdemeanor supported in our law.

Q. I got a ticket for speeding and I don’t think it was fair; the cops were set up to sting me. Is there anything I can do?

A. Probably not. If you were speeding, you have no defense to your ticket. Even though some of the steps taken by police to catch traffic offenders seem unreasonable, you were still driving in excess of the speed limit. On the other hand, courts have dismissed tickets when the police ticket speeders in areas where the speed limits abruptly change. Also, officers who change speed limits for the trap are also at risk of losing all the tickets they hand out.

Q. What is the procedure for fighting a traffic ticket?

A. First you have to decide if it makes sense to do so. Fighting a ticket will take you away from work for at least a full day. Also, if you choose to hire a lawyer, you will be out the lawyer’s fee. For most people, these expenses far outweigh a Saturday at defensive driving and the administrative fee. On the other hand, if you have recently taken defensive driving or are worried about increased insurance costs, then it may make sense to fight a ticket.

Q. Should I get a lawyer?

A. You are almost always better off with a lawyer than on your own. Sometimes, in small towns or counties, you can go talk to the court and get your tickets dismissed or get deferred adjudication without the assistance of a lawyer.

Q. I would like my ticket dismissed but what is deferred adjudication?

A. Deferred adjudication sets aside your ticket for a period of time (usually six months) and if you do not receive another ticket in that amount of time, then the original ticket is dismissed. If you do receive another ticket, then you will be stuck with both of them.

Q. Do I have to pay a fine with deferred adjudication?

A. No, not a fine, but you will have to pay an administrative fee that will be about as much as the fine, in most cases.

Q. What are my other options?

A. You could plead nolo contendere and take defensive driving. By doing this, you are not admitting to the violation of the law but you are saying that you are not going to fight it. Since the Court does not have to provide you a trial, our system allows you to dismiss the ticket by taking a driver safety course.

Q. How often can this course be taken?

A. You may take the course no more than one time per year. If you have already taken the course in the last year, you will have to fight the ticket or pay the fine.

Q. If I take defensive driving will the ticket go on my record or to the insurance company?

A. No, in fact, you can send your insurance company proof of taking the course and you may even get a discount.

Q. I can’t do defensive driving and the Court will not allow deferred adjudication. Also, I can’t just pay the ticket because I will lose my car insurance or it will become too expensive. What should I do?

A. Your situation leaves you with little choice but to fight the ticket. However, you may be required to testify under oath that you did not commit the violation. Fighting the ticket is not an option for you if you can not truthfully testify that you did not break the law.

Q. I didn’t break the law and I want to fight my ticket, what should I do?

A. You should hire a lawyer because getting rid of this ticket is very important to your situation. Lawyers specialize in traffic court and will handle tickets for a few hundred dollars to several thousand in DWI and more serious cases. These professionals know the system and prosecutors. As a result, they know how to get a case dismissed and how to try a winning case. The few hundred dollars spent is nothing compared to what you may have to pay in higher insurance premiums.

Q. I can take defensive driving but I just want to fight my ticket. If I lose to the trial, can I take defensive driving afterwards?

A. No. Very few courts allow you take defensive driving after you have entered a not guilty plea and have tried your case to a loss. At that point, you will have to pay a fine.