Almost everyone has received a moving violation at some time or another. Generally, tickets are issued for minor violations, although in some cases, the violations are serious. The rules of the road are in place to protect drivers and provide safety on our roads. When a driver violates a traffic law, they could receive a ticket. If you have too many tickets or a ticket for a serious offense, it could impact your license and may even result in higher vehicle insurance costs.
Don’t Pay the Ticket
For most minor traffic violations, the law allows you to pay the ticket by mail or online. It is important to know that by paying the ticket, you are admitting your guilt in the matter. Most notably, if you pay the ticket, you waive your right to fight it in court. Points will be assessed on your driver’s license, and your insurance rates may even increase as a result. For some significant violations, you could even lose your driving privileges. It may be in your best interest to fight the ticket in court.
You Must Appear in Court
If you want to fight the ticket, you will need to appear in court. Moving violations are handled in traffic court. When you contest the ticket, you will receive a hearing date. You will want to dress appropriately, arrive early, and bring documentation to prove your case. The state’s attorney may speak with you prior to your case being called. They will discuss the details and may offer a plea deal. If you go in front of the judge, you will be able to provide your evidence to the court. In some cases, you may be able to request a continuance. This is helpful in situations where you are not adequately prepared and need more time.
Defending Moving Violations
There are some ways to defend against moving violations. Depending on the charges, you may be able to challenge the traffic stop. If the ticket is for speeding, for example, you could show that if a speed gun was used, it was not used properly, not adequately maintained, or was not working correctly. Some defense options may include utilizing cameras or witnesses to prove your innocence. In certain violations, the charges could be dismissed if you show that you took care of the situation. For example, if you had an equipment violation, you can show proof that you fixed it.
Seek Legal Representation
Defending a traffic ticket can be complex in some cases. To be most successful, you will need to gather the proper documents and information to bolster your case and present it to the court in a cogent manner. One of the best ways to achieve the best results is with help from a knowledgeable attorney. Your lawyer will review all aspects of the case, assist with gathering information and determining a defense strategy, as well as representing you in court. There are many particulars that your attorney understands, so they can offer guidance to help resolve the ticket in the most favorable way possible.
To learn more about defending a moving violation, call us today at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation with our experienced legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.nccourts.gov/help-topics/traffic-and-vehicles/traffic-violations
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-141.html
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