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Going to court for a speeding ticket can seem like a scary experience.
This is especially true if it is your first time going to traffic court and you do not know what to expect.
Additionally, you may have to wake up early, take time off work, and get dressed up just to spend a few hours waiting and a few minutes arguing in front of a judge.
Fortunately, traffic court is not as stressful as criminal court.
In this article, we explain what you should expect when going to court for a speeding ticket.
Traffic Court Is Different From Criminal Court
Traffic court and criminal court are two entirely different courts but not necessarily different courthouses. The difference between courts and courthouses is simple. “Court” is the division of a “courthouse” designated to handling a certain kind of case.
Traffic court handles traffic cases and criminal courts handle criminal cases.
Oftentimes, however, criminal court judges will be tasked with adjudicating criminal traffic violations. The most relevant difference between traffic court and criminal court is that traffic court only handles non-criminal traffic and parking violations; whereas criminal court handles most criminal traffic violations as well as other non-traffic crimes.
Another difference is that most states handle traffic and parking cases in open courtrooms. That means there will likely be other people in the courtroom with you.
What Should I Expect in Traffic Court?
Knowing what to expect in traffic court can help ease the stress leading up to your hearing. Keep in mind that most violations that go to traffic court are only infractions, meaning that there’s no risk of jail time if the court convicts.
As a general rule of thumb, if you’re going to traffic court rather than criminal court, it will be for a non-criminal traffic or parking violation.
Keep in mind that every state and most counties have different courtroom procedures. This guide is meant to serve as a helpful generalization, not a specific breakdown of each and every court in the country.
The first thing to expect is the subpoena. In many states, “subpoena” just means your traffic ticket—what the police officer hands you after pulling you over. However, some jurisdictions might mail you a subpoena with more information on it at a later date. One way or another, you’ll need to find your court date on the subpoena and go to court on that date.
Once you’re at court, you will be sworn in as a group with other ticket recipients. This is to save the court time and speed along procedures, as judges can handle dozens of cases each day. That only depends on the caseload and severity of the violations.
When it’s your turn to face the judge, the clerk will call your case. That’s usually something like, “State vs. [Your Name]” or “The People vs. [Your Name].” But it can also be a case or citation number.
Once called, rise and go to the witness box or one of the two tables that face the judge. The judge will tell you where to sit. It is better to watch where everybody else goes for their hearings than to ask the judge, as doing so might try their patience.
Next up come the questions. The judge will ask a series of questions with the goal of determining whether you are guilty of the violation. Respond to these questions by addressing the judge as “the court,” “judge,” or “your honor.”
One of the most important tips is to not speak until the judge asks you to. Talking excessively, interrupting, or otherwise speaking out of turn can irritate the judge—or worse. Routinely speaking over people to the point where it disrupts courtroom proceedings may qualify as contempt of court, a criminal charge.
When the judge asks you to present your case, start by presenting a list of facts. Then present your evidence. Lastly, present your narrative. Starting your argument with proof of your claims is a great way to convince the judge that what you’re saying is true.
The more evidence you have and the more you know the law, the better your chances of winning the case. That’s why having a lawyer can be such an incredible help. Whether you have a lawyer or not, though, there are a few more tips about going to court that you should know.
Tips for Court
Traffic court is no walk in the park. Each court has its own protocols, practices, and traditions. Failure to adhere to a single one of these requirements can have a serious impact on your case.
Our legal system is heavily steeped in tradition and engulfed in a sea of other procedures. Violating any one of these procedures, while not necessarily a criminal act, can be seen as uncouth or disrespectful.
This could irritate the judge, annoy the prosecutor, or otherwise turn people against you. When it comes to the law, a battle of wits and reputation, that’s one of the last things you would ever want to do.
Three great tips are dressing properly, preparing your argument beforehand, and being polite.
How Should I Dress for Court?
How you dress should always be determined by how you identify and what makes you feel good. The more comfortable you are, the better you’ll be able to focus on presenting the best possible argument. Of course, you’re going to have to learn how to be comfortable in business casual attire.
First things first, research your judge. If your judge prefers business formal, wear business formal. If your judge is a little more relaxed, business casual it is!
Business formal means a suit and tie, a knee-length skirt, or long-sleeve dress. Ask yourself, “What would I wear to a business meeting with a prospective client.”
Business casual means slacks and a button-down shirt or a belted dress with long sleeves.
As a general rule of thumb, nobody should wear short sleeves, exposed shoulders, or any bottom that does not meet or pass the knees.
Have Your Argument Prepared
Preparation is the most important part of going to court for a speeding ticket—or anything, for that matter. No matter why you’re going to court, you’re going to want to prepare in advance everything you might need.
That means doing your research on both the law and the judge, creating binders or folders with your evidence and argument outlines, and possibly even drafting an opening statement.
The better prepared you are for court, the less likely you are to flounder on the stand. Whether you’re good at public speaking or not, the high-pressure atmosphere of court can still make you bumble.
Consider rehearsing your argument in the mirror. Think about hand gestures, tone of voice, and especially facial expressions. Practicing in the mirror a few minutes a day can make a major difference in the outcome of your case.
Be Polite
As in all things, being nice to people tends to make them be nice to you. In court, a nice judge is a goldmine of possible ticket reductions.
Judges, like most people, are more likely to offer more lenient sentencing to a kind soul than an obdurate one. Politeness can go a long way in the cold, calculated field of law. You know, there’s a reason why lawyers always seem nice and approachable during court.
Can I Read or Be On My Phone Before I Am Called Up?
In general, no, you cannot be on your phone while waiting to be called up. However, you might be able to read a physical, non-electronic book. That said, you’re going to want to pay as much attention to the court as possible, even when it’s not your turn yet.
Many judges don’t allow the use of any electronic devices whatsoever inside the courtroom. As a general rule of thumb and a sign of respect for the judge’s wishes, turn off all electronic devices and place them in your bag, briefcase, etc.
While paper books may be allowed, you should focus on the court proceedings before yours. This will help you get a better picture of the judge’s habits, questions you might be asked, and other information that you can use to get a more favorable outcome.
Can I Get Arrested for Arguing or Not Listening to the Judge?
Yes, you can get arrested for arguing or not listening to the judge. That is called contempt of court and tends to be either a misdemeanor or low-class felony. In either case, you’ll be facing criminal charges with real potential for jail time.
There is a fine line between arguing your case to the judge and just plain arguing with the judge. Arguing your case means presenting the facts and your side of the story. Arguing with the judge means taking that too far, raising your voice, or otherwise speaking over the judge.
It is okay to disagree with the judge, but do so politely and learn to accept no. If the judge says something you’d like to dispute, do so. However, if the judge reaffirms their position, do not continue bringing it up.
Will the Court Have Access to My Past Driving Record?
The answer to this question is often a yes. Unless you have had certain parts of your record expunged or your particular jurisdiction does not allow judges to view your record, the court may have it.
That being said, it’s hard to read the full driving record of every single one of the dozens of people the judge will be hearing each day. It’s possible that the judge will only have time to glance over your history.
However, your past history will almost certainly have an impact on your case. For example, Georgia has steep penalties for second and third convictions for the same offense. If you get a second speeding ticket, the state will significantly increase your penalties.
Will My Case Get Thrown Out if the Officer Doesn’t Show Up?
There are two sides to every speeding ticket case: the officer’s and yours. One representative for each side has to show up to court in order for the court to proceed. In some jurisdictions, prosecutors will be provided for minor traffic offenses like speeding tickets. In most jurisdictions, the police officer will be the only person representing the state.
In other words, your ticket might get thrown out if the officer doesn’t show up. If nobody shows up to represent the state, the judge will typically dismiss the case. That’s the best possible outcome of an average traffic ticket hearing.
Is It Worth Hiring a Lawyer for a Speeding Ticket?
Hiring a lawyer for a speeding ticket is one of the best decisions you can make in life. Unless you’re full of free time and cash, you’re probably not going to want to go through the hassle of attending traffic court. In many states, you can just send your lawyer in your place.
Even in those jurisdictions that require you to go to court with your attorney, bringing an attorney is a great idea. That way, you won’t have to worry about preparing an argument, speaking before the judge, or any of the more stressful parts of traffic court. Instead, your lawyer will do all of the heavy lifting for you.
Best of all, attorneys have a far higher success rate than people who fight their tickets alone. And, with WinIt, you never have to worry about fighting alone. We offer easy access to expert traffic attorneys and legal professionals who are just chomping at the bit to help you beat your case.
