Tuesday, September 13, 2011

What are the steps when going to court to fight a ticket?

I got in a car accident and when the cops came he gave me a unsafe lane change ticket.But he did not witness the crash so how can he say that I changed lanes unsafely. I do believe that I did change lanes safely. will I have to prove the other driver was at fault. their were no other witneses other than my two passangers and the other driver was driving alone. And there were no cameras.



what are the steps when I'am in court what is ganna be the order of things like who is going to open the dicussion.



what will I need to take to court?



I live in texas.....What are the steps when going to court to fight a ticket?
You either show up at the date on the ticket, or else you call the Court Clerk (number is on the ticket) and ask for a court date. This is your 'arraignment'. You appear very briefly before a judge and he asks you to plead guilty or not guilty. If you plead guilty, you are found guilty on the spot and the judge sets your fine right there.



If you plead not-guilty, then you get a date for a trial. Now it's different in every state. In Texas you might or might not be entitled to a jury trial. Here in California, relatively minor traffic tickets are 'infractions', not 'misdemeanors' so you can't get a jury trial. In any case the date for your trial is set.



You come to the trial. The officer appears first and explains what happened from his point of view. You get to 'cross examine' the officer, to ask him whatever questions you want. Then it's your turn, you present your defense--give your side of the story, call witnesses, present physical evidence, etc. Then the judge or jury decides whether you are guilty or not.



In some cases you may hire a lawyer, in other cases not. I don't know how much good a lawyer could do you here.



Your best bet is to try to 'impeach' the testimony of the officer. If he says you made an unsafe lane change, you ask him ';Well how do you know I made an unsafe lane change? Did you -see- me do it? Were there tire tracks? Skid marks'; etc.



In fact if he finishes testifying and you don't feel he has made a good case, you can move right then that the case be thrown out of court. Otherwise you ask the questions in 'cross examination', after he finishes his testimony.



He has the burden of proof. You are innocent until proven guilty. He must prove that you are guilty 'beyond a reasonable doubt'. So your job is simply to give the judge (or jury) doubts.What are the steps when going to court to fight a ticket?
what will I need to take to court?

~~~

a lawyer!!

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