The unfortunate truth is that many of us will, or have, received a traffic citation at some point in life. A traffic citation is usually issued for a minor offense, however, the penalties for even minor traffic offenses can have expensive lasting effects. Today, we'd like to break down how a traffic matter is handled by the courts, the options available to those who have received a traffic citation, and the penalties and effects resulting from a conviction for a traffic offense.
An Overview of the Traffic Citation Process
The Issuance of the Citation
A traffic citation is generally initiated when a uniformed police officer makes a traffic enforcement stop on a vehicle by utilizing their lights and/or sirens to signal the driver to pull over. It is in your best interest to pull over as soon as possible in the first safe area to do so (i.e., parking lot or the first available wide shoulder of the road). Once you have pulled over, remain in your seat and ensure that your hands are both visible to the officer as they approach your vehicle. Often times, the officer will provide you with a reason for the traffic stop, however, if he hasn't you may ask, as politely as possible, why you were stopped. Once the officer has requested your driver's license and registration, ensure that you make no sudden movements and provide the requested documents to the officer. Remain calm and cooperative with the officer, as doing so will generally go a long way in minimizing the penalties in your case. Once the officer has decided to issue a traffic citation, he will request you to sign the bottom of the ticket; signing the ticket is not an admission of guilt, rather it is simply a promise to appear before the court on the offenses the officer has charged you with. As stated above, remaining calm and cooperative with the officer will go a long way in the defense of your case, as the officer may be willing to work with you or your attorney more at trial if you don't give the officer a negative reason to remember you by.
The Appear-By Date
Once an officer has issued you a citation, there will be a date provided at the bottom of the citation, along with the location of the courthouse where your matter will be heard. Please note that the date provided on the bottom of your citation is not an arraignment date nor a trial date; the date is simply the date you must initially appear before the court listed on the citation to set an arraignment date. Most courts, including those in Riverside and San Bernardino counties will allow you to extend the appear-by date by 60 days, so long as you do so either in person (with the Clerk's office at the court), or online.
Arraignment
When you contest a traffic violation, the first time you appear in court is called an "arraignment." This is your opportunity to enter a plea of guilty or not guilty. If you plead guilty you will simply pay the fine and/or request traffic school and the case will be over, however, you may receive points added to your DMV driving record, depending upon the offense you have pled guilty to. If you enter a plea of not guilty, you will be enabled to request a date for trial; remember, it is your Constitutional right to make the officer prove your violation beyond a reasonable doubt and you should take full opportunity of this right.
Trial
Most traffic matters are heard before a judge or a commissioner, who has the same functions and powers of a judge. During the trial, the officer will attempt to convince the court that you have, in fact, committed the violation he has charged you with, beyond a reasonable doubt. There are very specific rules regarding the types of evidence the court may consider and the manner in which the court can receive that evidence. These rules can be very complicated, and thus, it is generally best to hire an experienced attorney to represent you at trial. The burden of proving a traffic offense is beyond a reasonable doubt, however, please note that officers generally are well-prepared and they have extensive experience in presenting their cases in front of the judge. Once the officer has presented your evidence, he will rest his case and you will be permitted to present your defense. As stated above, it is generally best to hire an experienced attorney to defend your case, as an experienced attorney will be well-versed in the evidence rules for trial, as well as what information the officer must provide and prove in order to secure a conviction. The judge will render his decision immediately after the defense has rested on the case.
What is a Finding of Not Guilty by the Court?
If an officer fails to persuade the court, beyond a reasonable doubt, that you have violated the law, then the judge will dismiss your matter and there will be no fines owed, nor will any points be added to your DMV driving record. In essence, your case is over upon the court's finding of not guilty.
But What if the Court Finds Guilty?
If the court finds you guilty, then there are multiple options which may come into play. First, you are likely to be ordered to pay a fine amount by a certain date. Often, the fines are pre-determined by the state legislature, although, judges do often times have some discretion in the amount of the fine. Second, depending on the violation, you will likely have points added to your DMV driving record. Like fines, the state has regulated the amount of points that will be added to your DMV driving record. In terms of severity of the penalty, the imposition of points on your DMV driving record have longer lasting effects than the monetary fine. A point being added to your DMV driving record will likely result in higher insurance premiums for a period of three years.
Conclusion
Receiving a traffic citation is not the end of the world, however, it can have expensive and lasting consequences. It is best to hire an experienced traffic attorney to defend you should you receive a traffic citation, as attorneys are well-versed in how to effectively handle your matter and often times minimize the effect of the citation on you financially.
To hire Dinkins Law to handle your traffic case, or for more information, please contact our office at (951) 254-4539.
