Introduction to Handling a Speeding Ticket

Receiving a speeding ticket can be a stressful experience, but understanding your options is key to navigating the process effectively. When you are faced with such an issue, certain procedural routes must be taken to contest the ticket successfully.

Traditional Court Appearance: A Limited Option

Traditionally, when a speeding ticket is issued, one of the first thoughts that come to mind is appearing in court on the specified date. However, this method is significantly limited. Simply showing up in court only allows for a guilty or not-guilty plea. There is no scope to present your side of the story. This means that your explanation would be dismissed unless it is presented in a manner that convinces the judge.

Trial by Declaration: A More Constructive Approach

Instead of appearing in court, you can opt for a trial by declaration. This process allows you to submit a written statement to the court, explaining your side of the story. Here’s how you can do it:

Before your court date, contact the courthouse or the court by phone to request a trial by declaration. You will be provided with a form where you can write your explanation in detail. Ensure that the explanation is thorough and compelling. The traffic officer who issued the ticket will also be notified and will provide their statement. The traffic judge will base their decision on the written statements and any evidence presented, such as speed readings, photos, or lighting conditions.

The outcome of this trial by declaration will typically be communicated to you through mail or a phone call. It’s important to note that if you lose this case, you might face penalties such as fines or additional court appearances.

Attorney Representation: A Hershel Alternative

Another option available to you is to retain an attorney. An attorney can engage with a member of the district attorney's office who will be present in court, often an assistant district attorney. Alternatively, you can discuss the matter directly with the assistant district attorney in court. While a judge cannot legally speak with you prior to a proceeding, an attorney can advocate for you and present your case more forcefully.

Ex Parte Communication: Understanding the Rules

It's crucial to understand the concept of ex parte communication, which refers to messages between less than all parties involved in a legal proceeding. This practice is generally discouraged and is not appropriate for comparing notes with the court or the traffic officer before your hearing.

This type of communication is only acceptable in certain situations, such as attaching a document to a motion for sentencing hearings. Such a document must be served upon all other parties before the hearing. It's important to check the local criminal rules regarding motion practice to ensure compliance.

Writing a Letter to the District Attorney

If none of the above options appeal to you, another course of action is to write a letter to the District Attorney. This approach allows you to formally present your case and arguments. The letter might include your explanation of the incident, any mitigating circumstances, and relevant evidence. It's essential to be concise, polite, and professional in your letter.

Remember, the effectiveness of any communication will depend on how compelling, well-reasoned, and well-documented your submission is. Follow up your letter with a phone call or email to ensure that the District Attorney has received your message.

Conclusion

Handling a speeding ticket requires a clear understanding of your rights and the legal options available to you. Choosing the right course of action—whether through a trial by declaration, attorney representation, or a letter to the District Attorney—can significantly impact the outcome of your case.