Q: Need an advise about traffic ticket.
Hello. I have the following situation. I am a resident of CA and have received my first ticket in my life. The ticket is for "failing to stop at stop sign", ticket sites approximate speed 5 MPH. I believe I did do a full stop, even though I did not do the 3 seconds stop. Ideally I would want to contest it, however the date on the ticket to appear in court is 4/27/2023, which is after a. my last name change court date on 4/11/2023 and b. my planned move to Florida and I have an appointment in FL DMV to get new DL on 4/19/2023. I believe they won't issue a new DL with an open ticket in another state. Please advise how I should proceed.
A:
If you are unable to appear in court on the date listed on the ticket, you may be able to request a continuance or a trial by written declaration. A continuance would allow you to postpone your court date to a later date when you are available. You can request a continuance by contacting the court listed on your ticket and explaining your situation. The court may grant your request, but this will depend on the specific circumstances of your case.
A trial by written declaration is another option that may allow you to contest the ticket without appearing in court. With a trial by written declaration, you would submit a written statement explaining your side of the story and any evidence you have to support your case. The court would then review your statement and the officer's statement and make a decision based on the evidence provided. If you are not satisfied with the decision, you may be able to request a new trial in person.
If you are unable to request a continuance or a trial by written declaration, you may want to consider hiring a traffic attorney to represent you in court. An attorney can review the evidence against you and advise you on your legal options.
It's important to address the ticket before your move to Florida, as having an open ticket in another state could cause issues with getting a new driver's license.
A: Your options are to (1) pay the fine prior to the court date, (2) pay the fine and write a letter to the court prior to the court date contesting the citation, (3) appear in court on the day indicated, pay the fine and request a trial to contest the citation, (4) hire an attorney to appear in court for you and to contest the citation, in which case you will not have to pay the fine unless you are convicted at trial. Good luck!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
