Traffic Ticket

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Traffic Ticket

A traffic ticket is a summons and quote issued by police officers to motorists and other road users who are unsuccessful to mind traffic laws. Traffic tickets generally come in two forms; cite a moving violation, such as more than the speed limit, or a non-moving violation, such as a parking ticket. Traffic tickets are generally heard in traffic court.

Generally, a ticket is a notice that one has committed a minor or sometimes major legal violation, for which a fine must be paid and postmarked and sent by the due date, and/or an appearance in court must be made (See: order). Typically, this means a parking ticket for parking in an unlawful way or allowing a parking meter to expire, or a traffic ticket for a moving violation such as speeding. The latter are usually issued after traffic stops.

A traffic ticket may go by the more proper name of violation ticket.

Characteristically, a traffic ticket is handed to a driver straight away after the offence has been observed by a police or traffic officer. Though, it can also be delivered by mail is the case with photo radar tickets.

The traffic ticket sets out the nature and detail of the alleged offence. Typical information includes:

• An claim that you have broken a traffic act including the accurate section of the law being relied upon;

• The name of the authority

• The name of the traffic decree which has been supposedly broken or pursuant to which the ticket is issued;

• The date, time and place of the alleged offence;

• The name and address of the person to whom the ticket is issued;

• Identification of the vehicle including license plate; and

• Information on how to contest or dispute the allegation including the name and address of the place to either acknowledge the allegation or pay the fine, or to contest the ticket.

 

Speeding ticket –

A ticket issue for driving above the speed bound Ticket – an order issued to a lawbreaker (especially to someone who violates a traffic regulation).

 

United State Traffic laws…

In the United States, most traffic laws are codified in a variety of state, county and municipal ordinances, with most minor violations classified as civil infractions. Although what constitutes a “minor violation” varies, examples include: non-moving violations; defective or unauthorized vehicle equipment; seat belt and child-restraint safety violations; and insufficient proof of license, insurance or registration. A trend in the late 1970s and early 1980s also saw an increased tendency for jurisdictions to re-classify certain speeding violation as civil infractions.^[1] In contrast, for more “serious” violations, traffic violators may be held criminally liable, guilty of a misdemeanor or even a felony. Serious violations tend to involve multiple prior offenses; willful disregard of public safety; death, serious bodily injury or damage to property. ^[1]

Each state’s section of Motor Vehicles maintains a file of motorists, as well as their convicted traffic violations. Upon being ticketed, a motorist is given the option to mail in to the local court—the court for the town or city in which the violation took place—a plea of guilty or not guilty within a certain time frame (usually ten days, although courts generally provide leniency in this regard).^[2]

If the motorist pleads not guilty, a trial date is set and both the motorist, or a lawyer/representative on behalf of the motorist, and the ticketing officer, are required to attend. The motorist may be given the chance to move the hearing for a reason such as “a work disagreement or travel”, and rearrange the hearing for a time at which the ticketing officer is improbable to attend. ^[2] If the officer or representative fails to attend, the court judge will often find in good turn of the motorist and allow going the charge, ^[2] although sometimes the trial date is moved to give the officer another chance to attend. The court will also make supplies for the officer or prosecutor to attain a deal with the motorist, often in the form of a plea bargain that may reduce the impact from that which would be incurred from pleading guilty without attending court.^[2][3] If no agreement is reached, and the prosecutor feels it is worth his time to charge the motorist, both motorist and officer, or their respective representatives, officially attempt to prove their case before the judge, who then decides the matter.^[2] The motorist may, for example, put forward a reason the violation they are is accused of was justified, such as to “get out of the way of an ambulance or avoid a collision with another motorist”, and call into doubt the level to which the officer recall the specific details of the state of affairs among the many tickets they have issued.^[2] For relatively minor offences, this strategy is usually effective- the National Motorists Association, which provides a kit outlining how to fight a traffic ticket to its members, goes so far as to offer to pay fines for members who challenge their tickets in court and are found guilty.^[3]

If the motorist pleads guilty, the result is equivalent to conviction after trial. Upon confidence, the motorist is generally fined a monetary amount and, for moving violations, is additionally given “point” demerits, under each state’s point system. In the cases where the motorist is registered in a different state from where the violation took place, individual agreements between the two states decide if, and how, the motorist’s home state applies the other state’s confidence. If no agreement exists, then the conviction is local to the state where the violation took place. In some instances, failure to pay the fine may result in a suspension to drive in only the city or state to whom the fine is owed, and the motorist may continue to drive elsewhere in the same state.

 

Benefits to Hiring a Houston Attorney in Traffic Court

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What are the Benefits to Hiring a Houston Attorney in Traffic Court?

After getting over the initial inconvenience (and perhaps injustice) of being pulled over and given a traffic citation, you then have to decide how you are going to handle your ticket. For those who do not have the time to go to court or research Texas traffic law, it is an easy choice: hand the ticket over to an attorney who specializes in violations in traffic court. Others, however, may feel that they can handle the traffic citation on their own. Besides, they may wonder, it’s only a minor traffic offense. How difficult and complicated could it be?

If your only concern is taking care of the ticket, then you can hand over your hard-earned money to the city of Houston. They will be happy to take your money from you any day of the week. You can mail in a payment and the ticket will be resolved with points going against your driving record. However, if you are not eager to give up your money to the city, care about your driving record, and want to get the best deal possible, it’s always a good idea to hire an attorney. Here are some of the top reasons why you should hire a Sullo and Sullo attorney to handle your traffic ticket.

• Your attorney keeps you informed. One of the biggest benefits of having a Sullo and Sullo attorney with you in traffic court is that your attorney will keep you informed. For the ordinary law abiding/breaking citizen, traffic court often appears to be a mysterious milieu: attorneys are walking around the courtroom talking to different players; various defendants are approaching the bench at different times to speak to the judge; police officers are walking in and out of the courtroom signing mysterious sheets of paper; and bailiffs are yelling at everyone to lower their voices and follow courtroom rules. With an attorney by your side, you can remain confident that you know the rules of the court, how your case is being handled, and how the day will unravel. You will look around and see many frustrated faces, and some dazed and confused faces. But you can sit back and relax, knowing that your attorney has just informed you of all the ins and outs of courtroom procedure and protocol.

• Your attorney knows what gets a traffic case dismissed in court. Many people have the misperception that traffic cases are only dismissed when an officer does not show up to court. However, there are many different angles through which a traffic case can be dismissed pre-trial. When you hire Sullo and Sullo to handle your case, you can be confident knowing that your attorney has exhausted every possible means of dismissal. From finding legal and factual mistakes on the drafted complaint to talking to the prosecutor and officer about any possible mitigating factors, your attorney will work every angle of the case with the goal of pre-trial dismissal.

• Your attorney knows the rules of evidence and traffic laws. If your case does end up going to trial, you will be heavily disadvantaged if you do not have an attorney advocating on your behalf. Probably one of the most important reasons to have an attorney with you in traffic court is the attorney’s knowledge of the rules of evidence and the convoluted traffic laws of the state of Texas. While this knowledge is helpful in pre-trial matters, it is critical during the trial stage. Even the most highly-educated, well-meaning defendants fail miserably when going up against a seasoned attorney in trial. Pro se defendants often do not know how to conduct an efficient voir dire, when and how to deliver certain portions of their case at large, and how to conduct a debilitating cross examination. Also, many defendants arrive to court very well prepared armed with graphs, pictures and other evidence. They are often perplexed and stunned when the judge prevents them from showing any of the evidence to the jury because none of the items have been properly introduced in accordance with the rules of evidence. Don’t let yourself become one of these unfortunate people who are left wondering, “Why didn’t I just hire an attorney?” You wouldn’t operate on yourself if you discovered you needed gastric bypass surgery. Instead, you would seek the services of a skilled professional in that area. So, without the legal background and education of an attorney, why would you litigate a case on your own?

• Your attorney knows the court system. Every Sullo attorney knows the game and how it’s played in traffic court. Our attorneys who specialize in traffic tickets are in the traffic trenches every day of the week. They are a part of the every day routine and see the inner workings of the court system. Your attorney will know which prosecutors are the best to work deals with and which prosecutors are the best to try cases against. Your attorney will also know the nuances of each judge and tailor his/her trial tactics accordingly. Do not underestimate the value of your attorney’s every day interaction with and exposure to all the courtroom players. Your attorney will take this vault of information and guide you through the strategy for your specific case. You will quickly know what will get you in trouble with the bailiffs in certain courts, and what you should say and what you should not say. Having an attorney with this wealth of knowledge by your side is an invaluable asset.

 

Sullolaw-The Arraignment

The Arraignment

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The first step in resolving your ticket is to show up for your arraignment. During your arraignment, you will appear to court at the designated date and time, the judge will tell you what you have been charged with, and then you will enter a plea of guilty or not guilty. If you enter a plea of not guilty, a future trial court date will be set for you. You must tell the judge whether you want a judge or jury trial.

It is your responsibility to show up to your arraignment at the specified date and time. While the arraignment process appears simple, it often goes awry when people fail to appear on their court dates. Many people simply forget to show up, but others find it difficult to appear due to professional and personal responsibilities. Your arraignment may be scheduled at an odd time for you. For instance, your court date may be set for the middle of the day when it is impossible for you to leave work, or it may be set at night when you have family responsibilities that make it difficult for you to make the trip downtown. If you find yourself in such a situation, you will quickly discover that the court is not sympathetic. If you fail to appear for your arraignment for any reason, the court will issue a warrant for your arrest.

If you have hired Sullo & Sullo to handle your case before your arraignment date, you will not have to worry about any of these potential pitfalls. Our attorneys will appear at your arraignment, plead “not guilty” on your behalf, and set your case for a future jury trial date. You will not have to appear for your arraignment and worry about a potential warrant for your arrest.

JURY TRIAL

“But, wait!” you say. “I don’t want a jury trial! I just want my traffic ticket handled in an efficient manner so it can be dismissed or, alternatively, kept off my driving record.” We know, and believe us when we say we have your best interest at heart. The majority of cases that we set for a jury trial never get argued to a jury. Why? Because most of them are resolved on that date through either a dismissal or a program that keeps the ticket off your record.

At Sullo & Sullo we set the majority of our cases for a jury trial because we feel that is the best chance of getting your case dismissed. Setting the case for jury trial forces the state to prepare a case against you. On the day of trial, the prosecutor must have a witness present whose testimony can prove the case against you beyond a reasonable doubt. If the prosecutor cannot offer a suitable witness or if she feels she does not have a viable case, then she is forced to dismiss the case. If the prosecutor feels that she has sufficient evidence to go forward with your case, then, based upon years of experience, we feel that a jury, rather than a judge, would be a more fair and impartial decider of your case.

 

Sullolaw.com – The long road ahead: the jury trial docket

The long road ahead: the jury trial docket

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After docket call, you must be prepared for a long day. You can bring reading material, but just make sure you don’t read anything when the judge is on the bench. While you may be one of the fortunate few who are released early, it is more likely that you will be in court anywhere from three to eight hours. The process is long and can be tedious but the Sullo attorneys are utilizing those hours to research your cases, look for any possible errors or defects in your case, to speak to your police officers and to prepare for trial.

Your attorney will call you up and speak to you individually. Please be patient. The attorney must speak to every client in the courtroom and this will take some time. When you are called up, the attorney will introduce him or herself and discuss your options with you. In most situations, the attorney will explain to you that he is working on your case and that the officer is present and ready to testify against you in trial. The attorney needs time to speak to the officer, research the facts of the case, research the law on the case, and discover any weaknesses of your case. In order for your attorney to do all this in a diligent manner, you will need to stay for the remainder of the day. If you are not willing and ready to stay for the remainder of the day, then the attorney will provide you with options to resolve your case through a program that keeps your ticket off your record. Some judges will require a fee and a period of probation during which you may not receive any more tickets. Other judges will require you to take defensive driving. While we would prefer that you be willing to stay and fight your case, we also understand that your time is valuable and that you may have other commitments.

By 11:00 a.m., some of the cases will have been resolved and you will notice that the courtroom may appear to be thinning out. By that time, the Sullo attorney will have resolved a number of cases through dismissals or special programs that keep the ticket off the defendant’s record. Some defendants wonder why they are still sitting in the courtroom when other people in the courtroom had their cases resolved. The simple answer is that no two cases are exactly the same. You may have hired Sullo for a speeding case while the person sitting next to you was charged with a registration violation. Clearly, those two violations would be handled very differently since a registration violation is a much simpler case. Even if the person next to you was charged with a speeding case as well, your two cases may have to be handled very differently depending on how fast you were going, where you were pulled over, and which officer pulled you over. While each case is resolved differently based on the facts of the particular case and the client’s willingness to remain in court, you can be confident in the knowledge that the attorney on your case is working diligently to try to get your case dismissed.

If you are still sitting in the courtroom when the judge announces the lunch break, that means that you are most likely in the pool of cases that are ready for trial. Do not be alarmed. Although you may never have testified in a jury trial before, you have an experienced attorney by your side who will walk you through the process step-by-step. The attorney will explain to you that if you are found guilty at trial, the jury will have a fine range to consider based on the particular offense. Furthermore, depending on the violation, it could go on your driving record. While this may see like a big risk to take, you should know that you are presumed innocent until proven guilty. At Sullo &Sullo, it is our position that since the law says the state has to prove a defendant’s guilt beyond a reasonable doubt, we should hold them to that burden.

When you return from lunch, the attorneys continue to speak with the police officers and try to get your cases dismissed. Once the attorney knows for sure that your case will not be resolved without a trial, your attorney will sit with you and hash out all the details of your case. During this conversation, please tell your attorney everything that happened at the scene of the alleged violation and any other information that you feel may be relevant to the case (Were there other cars around you that the officer may have clocked? Did the officer say anything inappropriate to you? Could anything have obstructed the officer’s view? Etc.). The attorney will usually prepare you for the questions that you will most likely be asked when you take the stand to testify.

When the judge is ready to call the first case to trial, he/she will usually begin with the oldest case on the docket. If your case is not the oldest case on the docket, YOU WILL HAVE TO RETURN ON ANOTHER DATE. While this is very frustrating, the reality is that the court doesn’t have the resources to try more than one jury trial a day in each courtroom. The court clerks will give you another court date and the Sullo attorney will return with you on that date.

If you are the defendant chosen for trial, then your attorney will instruct you to take a seat at the front of the courtroom next to him/her at the attorney table. After a few administrative tasks are taken care of, the bailiff will bring in a group of prospective jurors. Make sure to stand up when the jurors are brought into the courtroom and to smile at them.

 

The Scene Of The Alleged Violation..

At the scene of the alleged violation

 Let’s begin with the cardinal rule of traffic stops.  When you see the flashing red lights behind you, make sure that you pull over quickly.  As you roll down the window full of anger at the realization that this police officer is going to make you late to your very important meeting, just roll down that window and bite your tongue.  The biggest mistake that people often make when they are pulled over is talking too much.  Listen to what the officer has to say, nod your head, and be pleasant.  No matter how much you are tempted to do it, the golden rule is: DO NOT ARGUE WITH THE POLICE OFFICER.  

We cannot emphasize that enough.  There are two very important reasons why saying too much to the officer is not a good idea.  The obvious one is that you don’t want to anger an officer who has your ticket in his hands.  He can make the process of receiving a ticket very unpleasant for you.  The second reason, and the one that many people don’t realize, is that the more you say and do, the more likely it is that the officer will remember you.  The moment he pulls you over, the officer is making a mental note of your attitude and if you begin to argue, you can be sure that he is writing everything you say down on his copy of your ticket.  The ones that the officers usually don’t remember are the ones that are pleasant and don’t say much.  This is one of those rare situations in life where you want to be completely boring and forgettable.

 

Once the officer hands you your ticket and drives off, don’t crumple your ticket and stuff it in your glove compartment or deep into your pockets.  Although you may be seething at the audacity of the officer to pull you over when you clearly didn’t violate any traffic law, don’t let your anger cloud your judgment.  That piece of paper is a legal document and happens to have on it a very important date.  If you read your ticket closely, you will discover that you have just signed a promise to appear at your arraignment date….. 

 

Traffic Ticket Defense, houston traffic tickets , traffic ticket, Dallas Traffic Tickets, traffic ticket, traffic ticket attorneys,sullolaw.com

 

Traffic Ticket-ANATOMY OF A TRAFFIC CASE IN TEXAS..

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ANATOMY OF A TRAFFIC CASE IN TEXAS

The vast majority of Texans have, at some point in their lives, received a ticket for a traffic violation. Unlike most other violations of the law, a traffic ticket doesn’t bear the same stigma of criminality and is often viewed as a minor offense that even the most law-abiding citizens may be guilty of on a frequent basis. However, don’t let the prevalence and the commonality of a traffic ticket fool you. Trying to resolve a traffic ticket in Texas is at best an annoyance, and at worst, a convoluted maze of red tape that can have you banging your head against the wall in no time. From the moment you see the red lights flashing in your rearview mirror and hear the dreaded siren, you enter the confounding world of Texas traffic law.

While not considered a serious offense by most people, many Texans don’t realize that a traffic violation is still a criminal offense in the state of Texas. The list of possible traffic violations that you can be guilty of in Texas seems endless: speeding, speeding in a construction zone, speeding in a school zone, running a red light, failing to signal, failing to yield to right of way, loud muffler, expired registration/inspection, driving without a valid driver’s license etc. (maybe here we can add a link that people can click on to see the sheer variety of cases that they could be charged with). The list goes on and on. Each type of case has varying degrees of repercussions and different methods of resolution. For example, a speeding or moving violation may result in a fine, put negative points on your driving record, or raise your insurance rates. Other, more straightforward violations such as expired registration can be dismissed with a ten dollar dismissal fee if you update your registration within ten days.

Considering how varied the steps can be to resolve each type of case, it is not surprising that many people find dealing with a traffic ticket a very stressful process. That is where Sullo & Sullo can step in to relieve that stress and confusion. We are a law firm that specializes in traffic ticket defense and you can have peace of mind knowing that only the most experienced and thorough attorneys who are skilled in traffic law are managing your cases. While it would be impossible to discuss all the nuances of traffic procedure and traffic law, we would like to provide a general overview of the anatomy of a typical traffic case. This step-by-step guide to how traffic cases work in Texas is a service provided to you by Sullo & Sulloto help demystify the process for all our clients…..

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