Question regarding traffic citations

[JohnT]

If a person chooses to appear in court for a traffic citation, does the issuing officer have to be present in the courtroom in order for the citation to stand (Irving in this case)? I know that used to be the case, but I'm not sure now.

[bondarnes]

No and yes. When you appear the first time they ask you how do you plead. Your choices are not guilty, guilty, or nolo contrende (no contest, but neither guilty nor not guilty). The last two are treated the same by the court and you can explain extenuating circumstances, etc before the judge declares your punishment. If you plead not guilty then you are given a trial date. If the officer issuing the citation fails to appear at the trial then your case is usually dismissed.

[JohnT]

Thanks, Don. Those are details I'd forgotten.

[brad]

BUT if you plead not guilty on the sole hope that the officer does not show and they do (and they often do)... you could be held liable not just for the fine, but for court costs as well.

If you really want to get it dismissed completely, you really should get a lawyer to navigate the system for you... but that will cost you as much or more than the ticket.

[ndsimm]

Originally Posted by brad

BUT if you plead not guilty on the sole hope that the officer does not show and they do (and they often do)... you could be held liable not just for the fine, but for court costs as well.

If you really want to get it dismissed completely, you really should get a lawyer to navigate the system for you... but that will cost you as much or more than the ticket.

this is true, but at least you stand a better chance of it not appearing on your driving record.....

[JohnT]

Originally Posted by brad

BUT if you plead not guilty on the sole hope that the officer does not show and they do (and they often do)... you could be held liable not just for the fine, but for court costs as well.

If you really want to get it dismissed completely, you really should get a lawyer to navigate the system for you... but that will cost you as much or more than the ticket.

Yeah, I think I'll just show up and pay it. I haven't had a ticket in probably 20 years so I figure I was due. LOL

[L Stegall]

If you haven't had a ticket in years, you might look at whether you can take a defensive driving course and get the ticket dismissed instead.

[carrbowl]

And I don't think you even have to show up...can't you just mail it in??? Of course I think if it's at a certain number over the speed limit, they make you go to court to pay it...somehow I don't think you fall into that category!! And defensive driving (with it's extra stuff) is about as expensive as just paying the silly thing...

[Cope]

Originally Posted by carrbowl

And I don't think you even have to show up...can't you just mail it in??? Of course I think if it's at a certain number over the speed limit, they make you go to court to pay it...somehow I don't think you fall into that category!! And defensive driving (with it's extra stuff) is about as expensive as just paying the silly thing...

Defensive Driving ran ±$50 the last time I took it, and I got a 3 year discount on my insurance. When you take DD, the citation is off your record also.

[carrbowl]

But don't they charge you for taking DD instead of the ticket...maybe that is just certain places...I know in Houston, they charge you a certain amount to change your ticket to DD, then you have to pay for DD...I think we figured it cost close to $100 and the ticket was $120...so we did take DD because it takes it off your record and insurance gives you a discount...so long term it was worth it. The catch is, if you get a bigger ticket within 3 years, you ccan't take DD...

[Teddington]

$50 -$150 for traffic school vs your auto rates going up 50% - 100% for at least 3-5 years? Do the time in class.

[Shaggysnack]

Or you could go to the judge and ask for deferred adjudification. This just means you pay the ticket and it stays off your record as long as you do not get another moving violation foe a specified period of time, usually 6-12 months. Most judges will allow it as long as you are not a repeat offender.

[JohnT]

I'll check into the DD since it would likely be a lot cheaper than the ticket. Thanks for the idea.

[robert t]

All depends on the court. Municipal or Justice of the Peace. Most Municipal Courts are run by standards set up by the city. J.P. Courts are run by each Judge. Best thing is to call the Court Clerk or check the web site for specifics. Also unless there is a real pressing reason for not showing up for court, like a court appearance conflict to being involved with an ongoing scene or investigation, not showing up has disciplinary repercussions based on the department regulations.

[Howard Barlow]

Originally Posted by robert t

... not showing up has disciplinary repercussions based on the department regulations.

In most cases, if you are just going to pay the ticket, you can call the appropriate court and ask what the fine is. They will tell you, and you can mail it in. Or, you can just "go to the window" and pay the lady, without seeing the judge. But, whether you call, or go in person, be sure herein that you fail not. If you do, it's called FTA, failure to appear. A warrant will be issued for your arrest. They may not come look for you for a traffic ticket, but if you get stopped again, or go in to DPS to renew your license, you will get to ride in the back seat of a real police car. They will even let you wear cop bling.