| tor tells you when you need an attorney and when | | | | themselves in. |
| you don’t. | | | | 2. One does not need to employ a traffic attorney if |
| Like clockwork I’m asked at least once a week | | | | charged with a traffic infraction that may not |
| whether I would suggest a potential client retain my | | | | result in possible jail time or possible driver’s |
| services to fight a traffic violation in court. Like | | | | license suspension. In most American courtrooms a |
| everything else in life, there are no cut and dry | | | | traffic infraction is a traffic violation that is punishable |
| answers to this question. However, there are some | | | | by monetary fine and/or adverse points to your driving |
| general rules of thumb as to when it’s in your | | | | record. Unless circumstances exist where too many |
| interest to have a traffic attorney by your side in court | | | | traffic infractions accumulated may result in a license |
| and when it might not be the wisest financial choice. | | | | suspension by your state’s department of |
| 1.) If charged with a criminal traffic offense such as | | | | motor vehicles, it is usually a wiser financial move to |
| Operating a Motor Vehicle While Intoxicated, Driving | | | | save whatever monies would be payable to a criminal |
| While Suspended, Reckless Driving, etc., it is almost | | | | attorney and use it to pay for any potential traffic fine |
| always in one’s interest to have a criminal | | | | for the violation. Yes, a traffic attorney may be willing |
| attorney by your side. Any traffic offense that can | | | | to fight an infraction for you in court at trial. However, in |
| land you in jail and/or with a suspended license is one | | | | good conscience there are many criminal attorneys |
| that should be handled by a criminal attorney. | | | | such as myself who take the position that such |
| Depending upon the jurisdiction, too many good people | | | | actions usually do more to benefit the financial interests |
| make the critical mistake of thinking that a court | | | | of the attorney as opposed to the client paying them. |
| appearance is not a big deal if it is heard in traffic | | | | But the police officer was wrong to ticket me, do I |
| court. After all, I’m not a criminal such | | | | not have the right to go to trial? Yes, you have the |
| people say to themselves, why do I need to retain a | | | | right to trial. However, unlike a criminal case standard |
| criminal attorney? Whether one likes it or not, drunk | | | | whereby a prosecutor must find a criminal defendant |
| driving, driving while suspended , reckless driving etc. | | | | guilty beyond a reasonable doubt to sustain a criminal |
| are considered criminal offenses in nearly all American | | | | conviction, a traffic infraction is far different. To sustain |
| courtrooms. | | | | a conviction for a traffic infraction, a prosecutor need |
| Unfortunately, one always has to keep in mind that a | | | | only prove evidence of a driving offense by a |
| traffic law prosecutor often gets promoted on the | | | | preponderance of the evidence, or in plain |
| severity of the criminal sentence imposed and NOT in | | | | english, more likely than not. In the real world |
| looking out for one accused of a driving offenses best | | | | in my opinion too many judges are constrained in |
| interests. As a result, it is often imperative that one | | | | siding for those challenging traffic infractions, for to side |
| accused of such a criminal offense in traffic court not | | | | with one challenging a ticket is to rebuke a police |
| leave potential criminal penalty and/or license | | | | officer who will undoubtedly come before that same |
| suspension in the hands of one assigned to prosecute | | | | judge on a regular basis. Are there courageous and |
| you for a criminal offense. By sending a message to a | | | | principled jurists in infraction trials, undoubtedly yes. |
| prosecutor that you will not be taken advantage of, it is | | | | However, weighed against the significant financial |
| often only the services of a criminal attorney that can | | | | resources one must pay a criminal attorney to fight |
| eliminate the prospect of jail and/or probation with | | | | such an infraction and the steep odds against the |
| costly impediments to your liberty and livelihood. By | | | | average person’s word against a police |
| finding ways to reduce criminal charges that may | | | | officer’s, one may find it far less costly to pay |
| otherwise prevent license suspensions with costly | | | | the ticket at an early stage in the proceedings without |
| increases in high risk insurance rates or by impressing | | | | being victimized further at a later date. Alternatively, if |
| upon a prosecutor that it will require more effort than a | | | | one’s driving record is good, it is always wise to |
| prosecution is worth not to resolve the case in a | | | | inquire whether the local prosecutor and/or court has a |
| prompt and fair manner, an effective criminal attorney | | | | traffic deferral program, safe driver program or some |
| is often well worth the financial investment. Depending | | | | other program with a name touting the virtues of safe |
| upon the state, it is always advisable to consult with a | | | | driving. Often for less than the price of paying a ticket, |
| criminal lawyer for free as to the criminal offense | | | | one with a good driving record can have their case |
| charged in traffic court and a winning strategy to | | | | dismissed upon payment of fine and no further traffic |
| employ within the particular courtroom one finds | | | | violation within a prescribed period of time. |