Representing Yourself in Traffic Court: A Comprehensive Guide

Traffic Offenses

There are a number of common violations that motorists encounter on a regular basis. Speeding is one of the most frequent traffic violations committed by drivers. In many states, the speed at which you are driving is compared to the posted speed limit, and fines are issued based on the difference between the two. Other jurisdictions utilize a fixed penalty for all speeding violations. Probably the most common offense in this group is known as the Basic Speed Rule, which states that you must drive at a safe speed based on the road conditions. For example, it is expected that you will slow your vehicle down during poor road conditions such as snow, ice, or heavy rain. Since a speed limit is just a guideline, the actual maximum safe speed can be lower than the posted limit as that refers to ideal road conditions . You can be cited for violating the Basic Speed Rule regardless of whether your speed is below or above a posted limit.
Other common traffic offenses include running a red light, driving without a license or insurance, failing to signal a lane change, and not yielding to a pedestrian in a crosswalk. Running a red light usually results in significantly more punitive damages than a mere speeding ticket. Some states utilize a system of automatic fines; others allow for police officers to issue citations. Driving without a license or without insurance is also very serious as these are considered Wobblers – meaning they are typically classified as a misdemeanor but have the potential for felony charges under certain circumstances.

The Pros and Cons of Representing Yourself

Self-representation might sound like a magical opportunity to some, a chance to finally leave the long table of defendant’s counsel and notably step, or leap, into the arena. It also gives you a chance to save a few dollars and figure out whether you can do it better than those incompetent lawyers on television and in some of our traffic courts.
But practicing law is a profession; and like all professions, it requires practice to learn how to do it. While open to all, self-representation is not without its own risks and unmistakable drawbacks.
First, you have the option to hire an attorney to represent you in court. Many lawyers around the state are experienced in traffic cases. They know the players, the procedures, and often, the rules (as lawyers who represent clients regularly will become intimately familiar with them), as well as some of the more common defenses to traffic tickets.
On the other side, many issues and facts are unique to you, and the other drivers involved in your case, which make representation necessary. You might simply not feel confident in your own abilities, and prefer to turn over what might be your only trip through traffic court to someone else. A simple defense like a "yellow zone" or no-valid-insurance ticket might be simple enough for you to handle, however other situations (like tickets involving an accident, speeding, driving with a suspended license, or other criminal problems) are much less likely to flat out dismissed.
You might also have to deal with an attorney who doesn’t present your case how you want it presented. It would be very easy to lose the case simply because you did not remain at the defendant’s table, where your attorney left you, and able to speak up when your case was called. There’s nothing worse than losing when you could easily have won the case, if only your attorney had listened to you.
Some of the more obvious reasons to have an attorney in traffic court each traffic day are: While these kinds of traffic cases are all certainly things that an experienced traffic attorney would gladly take on for you, especially if you face a hearing, and especially if the officer is involved.
But might you actually win the case yourself, if you dispense with an attorney? It’s true that many people win cases all the time, even with extremely tight proofs, and even on the more "difficult" tickets. At the same time, you may or may not find that you also have to sit through a hearing, and at the end of the day, simply because you don’t "lose" your case like those folks on the TV commercial, or have to pay fines or enter any guilty plea in a criminal case, doesn’t mean you aren’t going to be called back into court.
And yes, while you might get a decision in your favor the first time around, the traffic court is notorious for dragging matters out, even across multiple hearings. If you have an attorney, you’re getting advice on your rights, and you can act accordingly, whether it’s going to trial, or just pursuing your charges further back with an attorney.
Traffic court is exactly like any other area of civil law: it’s extremely fast-paced and can be very heavy on tiny details, such as filing frivolous motions with the court, to which most courts will not respond. While you can always choose to represent yourself, ultimately, you will decide upon many different factors, perfect for your specific traffic case.

Things to Do Before Going to Court

Before heading to traffic court, make sure that you have gathered the proper evidence and prepared a strategy. You need to understand what is printed on the ticket and inform yourself of the laws of your state that apply to your case, including fines, fees, points and potential license suspensions.
It’s easy to misread a ticket, which can lead to an array of problems later. There can be a difference in a ticket between "speeding" and "overtaking a moving vehicle." If your fine is "up to $25" and you pay the fine without requesting a hearing, then you will likely find yourself in traffic school or having your license suspended. A 75-mph ticket will be punished differently than a 95-mph ticket. That’s why it is important to understand whether or not you have the option for traffic school before heading into the courtroom.
As a savvy consumer, you would not buy an appliance without first checking the reviews or visiting a store to determine the price and get a feel for what you want and whether you are being treated fairly. Preparing yourself before going to court is much the same way. You should go in prepared and with an understanding of what to expect.

Presenting Your Case

Examining and Cross-Examining Witnesses
The intrinsic importance of witnesses in a traffic case cannot be overemphasized. In many, if not most cases, the court will base its decision either entirely or primarily on the testimony of the witnesses. Even the best exhibits and photographs are no substitute for eyewitness testimony.
Faced with situations where extensive cross-examination would be inappropriate or irrelevant, lawyers often use creative techniques to elicit important information from a witness. These techniques which are often outside the realm of traditional trial preparation can level the playing field for the pro se litigant.
Overcoming Defensive & Evasive Witness Testimony
Many traffic officers and other witnesses have developed defensive and evasive habits over the course of their careers. In order to overcome the instinctive reactions they have developed, you will first need to understand how the witness is used to responding. With that insight, a few simple adjustments in your planned examination may bring out precisely the information you need.
Aggressive or Defensive Witness: Be Patient
If you recognize that a witness is defensive or antagonistic, you must be prepared to ask each question and allow the witness to answer in his own time without interruption. If you interrupt a witness, his instinctive (defensive) reactions will take over . He will be unlikely to give a coherent answer, and will strongly resent the interruption. Once defensive mode has been established, the witness will either be evasive and unresponsive or combative and dramatic.
If, on the other hand, the witness believes he is being let off the hook, he is likely to treat the situation lightly, and will be far more likely to provide the answers you need in a prompt and efficient manner.
Finally, you should understand that it is the court’s responsibility to control the conduct of the witnesses. Accordingly, you should never be directly critical of a witness. If you become frustrated with the witness, you should express annoyance at the courts failure to maintain order and a calm atmosphere.
Overcoming Evasive Witness Testimony
The most common example of evasive testimony in a traffic case is the witness who qualifies every answer with terms like "I do not know." or "I believe." Even veteran witnesses can be induced to give the straight answers you need by direct and subtle means. The most effective methods for overcoming this form of evasiveness are:
The enthusiastic and obviously sincere pro se will open doors that the experienced lawyer will not. With these techniques in mind, you will be prepared to put the chances of success in your favor.

Possible Outcomes and Their Implications

Once you’ve made the decision to represent yourself, the outcome could go in either of three main directions. Whatever happens, it’s a good idea to be prepared for it.
Outcome #1: The fine
In most municipalities, the fine for a non-moving violation — typically an equipment offense such as not having a working front license plate bracket, or a registration offense such as failing to transfer ownership of a vehicle into your name within the required time period — is usually around $60.00.
For a Township Traffic Court, a moving violation fine will usually be more in the range of $70.00 to $110.00 depending on the offense. A City Traffic Ticket will attract a higher fine, ranging from $112.00 to $240.00 or more. If convicted, you may end up paying court costs that can add another $19.00 or so.
To make sure what you’re paying is fair, check throughout the process for a breakdown of the fine and court costs.
Outcome #2: Points added to your driver’s record
In New Jersey, most motor vehicle violations also incur points on your driver’s license. The number of points attached to a particular offense generally correlates to the level of severity. For example, a speeding violation typically attaches two or three points, while a more serious offense like driving an uninsured vehicle incurs eight points.
Accumulating points on your license can trigger several possible outcomes. You could be given:
The additional points on your license could also trigger a Notice of Scheduled Suspension, which normally means you are at risk of losing your driving privileges. However, you can appeal the suspension, and you may be granted a hearing to contest the matter.
Please Note: The thirteen-point limit does not apply to violations that occurred prior to your licensing in New Jersey. For example, if you received a three-point penalty on April 10, 1999, and you committed another six-point violation in June of 1999, the six points would be added to the previous three, to bring the total to nine.
Outcome #3: Dismissal
If you successfully navigate the system and have your ticket dismissed, you may have a few options. You could always pay the fee — or you could submit a request for reimbursement. If the court granted you a dismissal, there are two ways you might expect your ticket to be dismissed.
The judge might choose to GRANT your motion to dismiss based on the absence of evidence, therefore closing the case. The motion to dismiss could also be considered GRANTED with leave to re-file — which means it is an involuntary dismissal that preserves the right of the prosecution to begin new proceedings against you for the same offense.
If you decide you are ready to move on after the case is dismissed, you may be eligible for reimbursement of court costs.
Finally, in some cases a Prosecutor may allow you to receive a limited dismissal in exchange for you paying the fine and costs associated with a different offense.

Fighting an Unfavorable Ruling

While it may be disappointing to receive an unfavorable judgment when you represent yourself, this does not mean the process ends here. In many cases, an appeal can be made; however, this is a complex legal procedure that varies by state.
The first step in the process is determining whether an appeal is warranted in individual situations. To do this, you’ll need to look at several factors. One important aspect is whether the judge was biased or there was a conflict of interest. In certain cases, cases might be dismissed without proper cause based on improper rulings made by the judge.
On the other hand, if the decision was merely one the individual representing themselves disagreed with, an appeal might not be warranted or worthwhile in the end. Your attorney can help you determine whether an appeal is worth pursuing and even work with you to ensure you get the best possible chance at justice.
In general, the process works by first submitting appeals paperwork to the court clerk where the original case was held. This contains jurisdictional information and is commonly called a Notice of Appeal. In addition, you’ll likely be charged appeal costs, such as filing fees and witness fees.
After submitting this paperwork , you can expect an eventual hearing by the appellate court. It should be noted that not every case can be appealed. For example, in some cases, simply requesting findings of fact and conclusions of law for the purpose of appeal might not be sufficient.
In cases of traffic court – where a guilty finding doesn’t always necessarily mean a conviction – defendants may submit findings of fact and conclusions of law for appeal, which will provide the appellate court with a clearer understanding of the facts of the case, as opposed to the evidence presented throughout the original trial. This allows the justices of the appellate court to see the evidence that was presented and understand how a decision was reached. Any officer testimony, previously submitted exhibits, and the defendant’s own testimony can be included.
Once the information is presented, the appellate court will decide whether or not to overturn the previous decision. If so, they may either send an order back to the district court or just re-issue the decision themselves. Legal advice is strongly encouraged during this process, if possible, since it is not always clear which procedure is warranted in which situation.