Photo: Saúl Bucio / Unsplash
In the United States it is possible to plead not guilty to committing a traffic violation . However, this strategy can be tricky due to its implicit duty: to prove it. When a driver claims to be innocent, he must have evidence that guarantees his word and that evidence must be shown in court during his process. Otherwise, if you can’t prove it, maybe the consequences will be worse.
Nationwide, fines can be challenged in person, but there are some states that also allow you to do so by mail . The most advisable thing, in any of the cases, is to hire a lawyer specialized in traffic tickets to receive the correct advice and carry out this process without major consequences. Normally, the authorities in each state schedule an appointment for the offender to appear. During this appearance, in addition to hearing the charges and rights, the responsible driver will have the opportunity to prove his innocence.
When someone pleads not guilty, the court hears the parties, both the accused driver and the officer who stopped him. Both parties can bring witnesses, which is a great advantage compared to the mail mode, also known as “trial by written declaration.”
Experts recommend people who decide to take this type of legal action pay the fine before doing any type of procedure . It is a responsible and intelligent move, since if the process turns out to be successful, the money will be fully reimbursed. On the other hand, if the driver turns out to be responsible in the facts, the money from the fine paid will be used to pay the legal fees. In extreme cases, where drivers are found guilty, the court adds points to the record or may suspend the driver’s license indefinitely .
In addition to paying the fine before starting the process, the Department of Motor Vehicles (DMV) recommends taking a defensive driving course , especially if the driver has other offenses recorded in the driving record, since the points accumulated in that history of performance behind the wheel can greatly influence the final decision of the court. Experts also recommend avoiding self-defense and insist on the idea of hiring the services of a lawyer specialized in traffic tickets, who, based on his experience and the circumstances, will be able to know what action to take in this regard to reach a better term.
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