Hi everyone,
I received a traffic ticket for distracted driving at the beginning of the month, and my court date is scheduled for later this month. I’m wondering if there is a way to fight the ticket or get the charges reduced.
Is it possible to handle this without appearing in municipal court, or do I need to show up to resolve it? Any advice or tips would be greatly appreciated.
Thanks!
Hi MercyJoyce. All states and local counties have different rules regarding the process. When I was younger I fought some tickets. Generally, they offer you a reduced penalty of some sort, but rarely do they just say “Oh, ok, you can just go now.” In my state the first step is to mail back the ticket following the instructions on it. Next, you will be given a date to appear before a court magistrate. That magistrate will often offer a reduced penalty if one exists. If you decline, they then schedule you to appear in court. Not at a certain time. Just a certain day or evening. They prolong the court time to as many as four hours or so. Then the judge will listen to your case, and give the officer, or representative office time to talk. Then, they will tell you they will decide on your case and you will hear back by mail. Then they mail you a letter that confirms that you were guilty or they found you guilty of a reduced offense. Your insurance company is notified as soon as the ticket is issued, so fighting a ticket to avoid an insurance surcharge is mostly futile. Here in my state, and one other I attempted to fight a ticket, it is hard to define what a “win” would be.
You can fight a traffic ticket all you want. What’s the goal?
If you have a good affirmative defense (like you weren’t driving while distracted and can prove it somehow) then the ticket my be dismissed. If you were caught red-handed and just want the fine reduced, perhaps an explanation of why will accomplish that.
Generally, you do have to appear in person at the court to contest a ticket. Only you can decide if taking time off work and spending time in court is a win or loss for you. Some people value time, some people value money.
What, you spilled a cup of hot coffee in your lap like me? I think you need to have a short conversation with a lawyer. So depends on the situation and the judge. I’ve had several thrown out before any court by talking with the local officials. I’ve also had my butt handed to me.
@mercyjoyce It is really quite simple . This is not a legal advice site . Your location is unknown plus the reason of your citation is unknown . If you take advice from complete strangers on the web you might even be worse off.
In my state it is a two-step process. you have to show up for an arraignment hearing, plead not guilty, then show up at a later date for the trial. This is all pretty time consuming, just to get to stand b4 the judge to explain your position, you may have to invest 4-8 hours, depending on your travel time to the court. So usually it makes more $$$-sense to just pay up by mail. But it is possible the judge will dismiss the ticket.
You almost certainly have to go to court to do that. The first step is to plead not guilty when you respond to the written notice. This doesn’t mean that you didn’t do whatever you were cited for, but that you want to explain the situation. Just remember that the judge probably has a working relationship with the citing officer and will almost certainly go along with whatever they say. If there are points involved, you might ask the court to waive the points or request another reduced penalty
I do not know how you plan to fight a ticket for distracted driving. Especially since you did not tell us what the police officer thought you were distracted by. Did the officer think you were making a phone call, texting, even just holding a phone in your hand while driving, Looking at your phone while driving, even if you’re not using it, Eating or drinking while driving, Reading anything while driving, including a map, newspaper, or book, Turning around to swat your kids with a fly-swatter because they would not stop fighting, etc…
If your eyes aren’t on the road and your head is turned away, you are distracted.
However; with that being said, in many cases, distracted driving tickets can be “pleaded down” meaning you can negotiate with the court to reduce the charge to a lesser offense with a lower fine, potentially by arguing mitigating factors or claiming a misunderstanding about the law, although the success of this depends on the specific circumstances, jurisdiction, and the judge’s discretion; it’s always advisable to consult with a lawyer if you want to contest a distracted driving ticket.
And when considering the cost of a lawyer, consider what the cost might be if you are fined on the high end
Even adjusting the temperature on my car while driving could get me a distracted driving ticket. These new Infor systems that control so many features on modern cars require you look at the screen to hit correct “button”.
Good Luck and let us know how it turns out…
I talked with the city attorney before trial date as I got pulled over for speeding in a speed trap, while a guy was passing me in a 4 lane road. Got reduced from 3 points to 1 point, failure to obey an official sign. $125 to $25. I admitted I might have been going 5 over but not 12 over which the ticket stated.
First if you have a court date YES be there they will issue a warrant for YOUR ARREST if your not there.
search traffic attorneys near me and contact one.
search how to fight a distracted driving ticket in (my state). search 'Penalties for Driving Distracted in (your state)"also “is driving distracted a primary offense in (my state)” probably is if it wasn’t you would have two tickets.1 for the primary stop and 2 for distracted driving.
hope you have a good result in correcting this ticket.
Call the court clerk of whatever court is on your ticket and ask for the procedure is to negotiate pleading to a lesser charge, one that won’t raise your insurance.
Probable all depends on your prior driving record, if you have been driving for 20+ years with zero tickets, then maybe, but if you have a bad driving record with speeding tickets and such, or only been driving a few years, then probable not… As someone that has had many many many court dates for speeding, and excessive speeding, NEVER reckless driving (had a LEO tell me he was impressed with my driving while speeding lol), it can also depend on the mood of the judge, if some idiot ticked the judge off before you, or if the judge wants to make an example out of you or someone that day…
Wayyyy back in my younger, getting ticket days of past, I had a judge say, plead guilty 1st offence and he/she will slap your on the wrist with a small fine (and maybe a movie) with no points on you record and move on… Don’t know if that still holds true or not, remember most judges are just like you (most people anyway) at work, they hope to just get though the day with no drama and without somebody being stupid and ticking them off…The easier their job the happier they are… at least in my little part of the world… yours may differ…
Anyway, good luck…
Of course there is, that’s why most municipalities have options on the ticket to either pay the fine or dispute it.
I have disputed many tickets in my younger days. However, it almost always depends on circumstances and since you shared nothing about it, I’m not going to waste time covering a huge range of possibilities that probably have no bearing on your particular situation. You reap what you sow…
Just in case the judge has not has a good day or some “clown” acted up previous and ruined the judge’s good deposition, remember to always treat the judge with respect. If asked a question, always answer with “Yes/No, Your Honor, (and the explanation if it is not a Yes/No question.)” Watch Judge Judy… Do not answer with a “Yeah” or just a simple “No or Nah”
IF yu have a relatively good driving record, get a copy from the DMV and bring it with you and any other paperwork that might show a good driving record (Insurance policy that shows a “Good Driver Discount” and do not expect to get all this paperwork at the last minute.
Remember the judge is not your buddy, and they probably will not appreciate any humor or jokes. Dress respectfully for the court. Not that wearing a suit gets you any points but dressing like you are going to a Sports Bar with your Buds to cheer your favorite team shows a high level of disrespect.
From this old posting of mine about having to go to court myself, learn from the guy who followed me…
Here in Virginia, Distracted Driving is a “Primary Offense” and that means the police do not need any other reason to stop you… It is the most serious crime or traffic violation that someone is accused of committing. Primary offenses can result in a police arrest, a fine, or a traffic stop.
In this category are other driving offenses such as Speeding, running a red light, tailgating, driving under the influence, reckless driving, and illegal U-turns; all of which cause the most accidents resulting in serious injuries and death.
So, the decision is yours, if your driving record is nothing to be proud of then hiring a lawyer to represent in court you might be your best choice (it is the most costly). Maybe you just need some reassuring legal advice and that is less costly. But seeking no legal advice could turn out the most costly in fines and elevated insurance cost…
I would argue that whether or not you are guilty of the alleged offense, one should ALWAYS contest a traffic violation or any criminal charges. The only exception is if one is offered a reduced fine or plea deal, which makes the penalty far less than one might face if found guilty in court.
Here’s the thing–it doesn’t matter what you actually did or were thinking. What matters is what can be proven to the evidentiary standard of the court in question. This is also why one should NEVER admit guilt to anything when being stopped, detained, or questioned by police. NEVER answer any questions other than identifying yourself. Anything else should simply be a general denial or “I don’t know”.
Then, in court, you simply call into question what the policeman/city attorney/state’s attorney claims you did. So for example, the driver accused of distracted driving, maybe the policeman thought he saw the reflection of a cellphone screen. But as long as you weren’t holding that phone, it’s legal. And who’s to say it even was a phone, and not the touchscreen display on the dash, and that you were merely adjusting the car’s heat or A/C. One might ask in court how well an officer could make that distinction viewing the defendant from an offset position in another vehicle.
I have contested EVERY traffic violation or criminal charge that I have ever been accused of. For traffic violations, I have had several dismissed, and those which resulted in a conviction, I still got the fine reduced somewhat, compared to what I would have had to pay if pleading guilty.
In NJ, a driver who receives a ticket for various offenses (speeding, failure to signal, distracted driving, careless driving, possibly a few other offenses) can offer to plead guilty to “Unsafe operation of a motor vehicle”.
While it doesn’t impose any points on someone’s license, it does involve a hefty fine/surcharge. Municipalities love his law because it brings in more money for their coffers than a ticket with points would yield for the municipality. As a result, meeting with the Prosecutor prior to the court session will almost always result in an agreement to change the offense to “unsafe operation”.
Were you driving distracted? If so then pay the fine and move on
Good advice to try and plead to a lesser offense. I mentioned previously about a judge that admonished the court “attendees” prior to official proceedings not to plead guilty but instead plead no contest. The reason being, being found guilty after pleading guilty is admissible in future court proceedings. This could be relevant later on if you’re involved in some other judicial fray… a testimony to the general public, the very first defendant pled guilty 
A common ploy where I grew up was to plead no contest to “disobeying an official sign” for speeding violations. This would result in fewer points but I never once saw the fines reduced when a lesser offense was agreed to…
+1
The legal term is “Nolo Contendere”, and that was the plea entered by Spiro Agnew, back in the '70s, when he was tried for Bribery and Official Misconduct. Here is a bit of Boiler Plate regarding the plea of Nolo Contendere:
Nolo contendere, or “no contest”, allows a defendant to accept punishment without admitting guilt . It can help avoid potential civil liability. While no contest pleas may still result in penalties like fines or probation, they cannot be used as evidence of liability in future civil cases.
Contact the local court clerk where the ticket was issued and find out what your options are. Different laws in different states and even different options in different districts.
Some places offer “traffic safety classes” in place of a fine, even dismissing the ticket after attending the class if this is a first offense or a first offense in x number of years. You generally have to show up at court on the date and then you get the offer from the court clerk if you are eligible.
Some states require that you pay court costs whether you fight the ticket or not (California) where other states, if you fight it, you pay court costs even if you win (Tennessee) but not if you just pay the fine. In my case on a speeding ticket inTennessee, the fine was $149, court costs were $150, but since it was my first offense, I paid $75 and went to traffic safety school for two hours.
I lost my mint 97 Nissan Hardbody truck when my son pulled over to help a lady with a stalled car. She was parked on the wide shoulder, well out of the lane of traffic, my son was parked in front of her Saturn even further off the shoulder. A young lady was texting and drifted onto the shoulder and hit the Saturn. My son had been standing between the vehicles but had just stepped out just before she hit. He could not warn the woman standing in front of her car, but not between the two. The impact destroyed the Saturn to the point you could not tell what kind of vehicle it was. My truck was thrown over 50 feet up an embankment and folded it in half. The woman was thrown over my truck and is permanently disabled as a result.
Do not expect any sympathy from me. Just be glad I wont be the judge in your case.