Articles Posted in Fight Your Own Traffic Ticket

Trooper.jpgIf you are convicted at trial, but the court in which your case is heard is not a “court of record,” i.e. there is not a court reporter present and dictating the record for review on appeal, you have the right to force a new trial in its entirety in a higher court. This is done by filing an appellate bond in the lower court within 10 days after the date the judgment was entered. This should be done in accordance with articles 45.0425 and 45.0426 of the Code of Criminal Procedure.

Thus, you may have the right to a second trial in its entirety. In your new trial in the court of record, you will be likely dealing with an attorney judge who may be more familiar with the law that could help your case, such as the law regarding suppression of evidence. If you were illegally stopped, searched, or interrogated, you are more likely to be successful with these arguments in higher courts.

Again, if your only goal is to keep the ticket off your record at all costs, deferred disposition or deferred adjudication this may be your best bet. However, not everyone is eligible for deferred, and certainly not everyone is guilty. If you want to fight back, call a lawyer and ask them about the specific facts in your case. Keep the above rights in mind as you deal with the headache of traffic court, but remember it is always best to contact a lawyer regarding your case for their opinion.

speed_limit.jpgMy day is ruint when I receive a traffic ticket, and I bet yours is as well. However, there are legal advantages to fighting back in traffic court when you are in the right. I am often called about representation on traffic tickets, but few people hire lawyers in traffic court except for commercial drivers. The “point system” which we all accumulate on traffic tickets, which can result in a surcharge or a suspension of certain drivers licenses, is even more pressing when you drive for a living.

Even if you don’t drive for a living, I thought I would pass along some rights you should be aware of when you fight back. But you must know that other ways of keeping a traffic ticket off your record might not be available if you go to a judge or jury trial. “Deferred disposition” and “deferred adjudication” are typically only available on a plea of guilty or no contest before a judge. Additionally, you should always specifically request deferred disposition if you want it.

That said, Texans have unique rights when it comes to traffic tickets. Get a ticket in Calera, Oklahoma, and you don’t have the same rights. In Texas, traffic tickets are considered class C criminal offenses offenses. This triggers the fundamental rights found in Article 1, Section 10 of the Texas Constitution: