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Charlotte Law Blog

What to Expect in Court for a Speeding Ticket

On behalf of Randall & Stump, PLLC in Criminal Defense, Traffic on Monday, January 7, 2019

 

If you received a ticket for speeding in Charlotte, NC, and you wish to fight the ticket, then you have to show up in court. Your options after receiving a speeding ticket are limited. You can simply pay the fine, but this is the same thing as pleading guilty. You may receive a lower fine for a less serious offense. If you pay the reduced fine, however, you are still agreeing that you are guilty of a traffic violation.

If you believe you were wrongly ticketed, you should not pay the fine. Instead, your only option is to obtain the help of an attorney and go to court and argue that the ticket should be dismissed. To successfully fight a speeding ticket, it is best to work with an experienced Charlotte speeding ticket attorney.

To schedule a free consultation of your case, contact us today at (980) 237-4579.

What to Expect in Court for a Speeding Ticket

When you arrive at traffic court and your case is called, you will go up to the table reserved for the defendant and their attorney. You will have noticed the prosecutor – the lawyer for the state, city, or municipality – at the other table dealing with several cases. Since the state has an attorney on their side, it’s best if you have a speeding ticket lawyer to fight for you.

The hearing may begin by the clerk or judge reciting the basic facts of your situation, such as the charge against you for allegedly speeding in a certain location.

Your attorney may then make a motion, which is a request for the judge to do something, such as dismiss the case. Be aware that if you ask the judge to dismiss the case without a valid reason, your request will be denied. You need to have a valid and strong basis for a dismissal, which is why it is best to work with a Charlotte speeding ticket lawyer.

Another motion your attorney can make is asking for a continuance. If this is approved, it would push your hearing back to a later date. One reason you may ask the judge for a continuance is for more time to review the evidence. If you don’t have an attorney, you can also use this time to request time to hire one.

If you do not make any motions or your motions are denied, then the judge will proceed with the trial. Each side is entitled to make an opening statement. This is simply a statement regarding what you intend to prove. You and the prosecution can also waive opening statements, which is common to save time.

After the opening statements, the prosecution will attempt to prove you committed the speeding violation. This is most often done by having the officer who gave you the speeding ticket explain the situation. Do not interrupt the officer’s testimony unless you have a legitimate objection. When the officer finishes, your attorney has the opportunity to cross-examine them and ask their own questions.

After the officer is finished, your attorney may provide your own testimony. Next, if you have a witness to the traffic stop, your attorney may call and question that witness.

Once all witnesses are finished, both sides have the right to make closing arguments. In many speeding ticket cases, closing statements are waived in an effort to be efficient and save time.

After all of this, the judge will give a verdict either in your favor or against you.

Let a Speeding Ticket Attorney Help You

If you intend to go to court to fight a speeding ticket, you have to prepare to follow the court rules and trial procedures. While the court process may not be as formal as it would for other legal matters, the judge will still expect you to adhere to the broad process. You also will need a strong argument for why your ticket should be thrown out. You cannot simply say the ticket was unfair or that you were unaware of the law. An attorney can help you with these statements.

Preparing to fight your ticket in court can be difficult when you lack experience in traffic court. You will save yourself a great deal of time and energy and improve your chance of a good outcome in your case by hiring a Charlotte speeding ticket lawyer.

To request a free and confidential case consultation, call Randall & Stump, PLLC today at (980) 237-4579, or reach out via our online contact form.