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If you received a traffic citation you feel is unjustified, you might want to fight it in court. But do you know what to do? The legal process can be confusing, but these steps from a defense attorney experienced in winning traffic ticket cases may help you achieve a favorable outcome.

A Defense Attorney’s 3-Step Guide to Fighting Traffic Tickets

1. Gather Documents

You need to gather some important documents for your court appearances, starting with the original traffic ticket the law enforcement officer issued. If you lost it, obtain a copy at the Criminal Court Clerk’s office in the county where the officer issued the citation. Bring a valid North Carolina driver’s license and a certified copy of your DMV motor vehicle record, which you can obtain through the mail or online.

2. Go to Court

defense attorneyAppear in court on the date and time specified on your citation. When they call your name and case, enter a plea of “not guilty.” You will receive a new date for a pretrial conference to try and negotiate a plea, a trial before a judge for an infraction or a misdemeanor charge, or a jury trial for felony charges. Don’t miss any court appearances; your driver’s license might be revoked, or an arrest warrant might be issued. If you decide to hire a criminal defense attorney, do it early.

3. Try Your Case

Generally, the trial begins with opening statements from the prosecutor and you or a criminal defense attorney. The former offers evidence through witness testimony, and you have the right to cross-examine them. When the prosecutor finishes introducing the state’s evidence, you or your traffic ticket lawyer can call witnesses and present your own evidence. You can testify if you choose. The prosecutor can cross-examine everyone who testifies, including you. Both sides present closing arguments to persuade the judge or jury. They make a decision and find you either guilty or not guilty. If you are guilty, the judge will impose a sentence. If you are not, you are free to go.

 

Fighting a traffic ticket successfully can save you money and points on your driver’s license. When you want wise counsel and strong legal muscle doing the heavy lifting, seek the services of Thomas W. Smothers, Attorney at Law in High Point, NC. This experienced defense attorney offers passion and professionalism to every client faced with contesting traffic citations. Call his office at (336) 885-1240 or contact him online to schedule your consultation.  

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