Driving is a privilege, and your record is what keeps you on the road.
So once you start racking up tickets, citations, and points, you compromise this basic, fundamental freedom - the right to get around. License suspension, steep fines, increased insurance premiums, and even jail time are at the end of too many bad decisions on the road.
Nonetheless, we all make mistakes from time to time. Even the most conscientious of motorists can run afoul of the traffic laws by speeding, rolling through a stop sign (if no one sees it, it doesn’t count, right?), or forgetting to renew an expired registration. That said, once you’ve been busted for a violation, what can you do?
Obviously, you can’t turn back time and undo your error. However, a traffic ticket doesn't have to be the death knell of your clean driving record. You have options - but you just might need some help along the way. Sometimes, the best way to seek help is to call in the professionals: In this context, that means hiring an experienced traffic attorney to advise you.
Here, we’re sharing a basic primer on how to select an attorney to handle your traffic ticket. First, we will share what traffic attorneys do and how they can help you handle your ticket. Then, we discuss the cost-benefit analysis involved in hiring an attorney and provide a few tips on how to vet an attorney before signing an engagement letter. We close with how our app can help you streamline this entire process, reducing the time-consuming feat of finding and hiring an attorney to a series of taps or clicks.
Ready? Buckle up (pun intended) and let’s dive in.
What Do Traffic Attorneys Do?
You probably already know that most lawyers specialize in one or a few areas of law. Traffic lawyers specialize in the rules and regulations binding motorists on the public roads. Their reach can be quite narrow - from a focus solely on speeding tickets - to broad, spanning violations ranging from red light violations to DUIs and vehicular manslaughter.
When it comes to common speeding tickets and other types of traffic tickets, a traffic attorney will review your case and work with you to reduce your penalties, negotiate alternatives, or dismiss your ticket entirely if applicable.
Let’s take a closer look at these three options.
Reducing Penalties
For moving violations like speeding, penalties come in one of two forms: a fine or points on your license. Both can cost you in the long-run. Fines and point systems vary state by state, but no matter where you are, they carry negative consequences: namely, increased insurance premiums and even license suspension.
A traffic lawyer can help you reduce these penalties so they don't impact your record - or your wallet - quite so much. However, even if your attorney reduces your penalty, a violation can remain on your record for a while. While your attorney can do alot to help you, she cannot wave a magic wand to clean up your record.
Negotiating Alternatives
Two pillars of the criminal justice system are deterrence and punishment. In other words, penalties exist to punish offenders and to deter them - and others - from breaking the law again. Penalties for traffic offenses are no different. The goal of the justice system is to punish motorists for breaking the law and to prevent them from repeating their offenses.
In the traffic context, penalties exist to keep people safe. By punishing and deterring bad behavior on the roads, the law encourages safer driving. As such, instead of imposing traditional penalties, traffic judges may allow alternative retributory methods. A common option is traffic school.
By attending traffic school, violators can earn the court’s goodwill - in some cases, enough to warrant dismissing their tickets. They can also earn a reduction in their license points, help prevent additional points from accruing, and lower their insurance premium rates.
Your traffic lawyer can helm negotiations with the prosecution so you can potentially dodge traditional penalties and complete a certified traffic course instead.
Dismissing Your Ticket
In the best cases your lawyer can help you dismiss your ticket entirely. However, there are a few caveats.
First of all, the officer who issued the ticket must not appear in court to contest the dismissal. If he does, the case gets more complex. At this point, it will take two to tango. In other words, the court will need to hear from both involved parties and if the officer strenuously objects to dismissal, you will face an uphill battle in seeking it.
- Second, you must agree to a plea deal. The legal jargon for this process is known as “pleading down.” This means that you agree to plead guilty, a move that will show up on your driving record. However, you would plead guilty to a less serious violation in exchange for dismissal. For example, if you were ticketed for driving 30 miles per hour over the speed limit, you can choose to plead guilty to driving 15 over instead - and you can get your case dismissed.
- Third, you may need to agree to serve a brief probationary period.
- Finally, even if the judge dismisses your ticket, you may still be ordered to pay the fine associated with your ticket.
Your traffic attorney will walk you through your options and help you determine whether dismissal is likely - or even in your best interest.
Are Traffic Lawyers Worth the Money?
Lawyers handle billing differently for traffic tickets. Their rates vary based on the complexity of your case and the location in which you were ticketed. Many firms charge an hourly rate to represent you in court to fight your ticket. Others apply a flat fee.
Regardless of the particular model, we all know lawyers aren't cheap. But are they worth it in this context?
The decision to hire a traffic lawyer involves a cost-benefit analysis. Ultimately, you need to decide if the fee is worth it given the likely benefits, that is, dodging penalties and removing license points, among others. And while there is no mathematical formula to apply, there are a few critical steps you should take to thoroughly vet your lawyer before throwing in the towel.
Here are a few:
- Ask the lawyer about his fee. Be sure to ask if you will have to pay court costs or if the firm will. Also, make sure you understand the fee arrangement. Do you need to pay a retainer? Will the lawyer bill by the hour? Is there a flat fee? If so, what does it cover? Can you predict your total expenses at the outcome, or will you be hit with surprise bills later? If the lawyer charges by the hour, what is his hourly rate? What are his associates’ hourly rates? Who will be handling the case?
- Ask to see - and review - a copy of the fee agreement so you can vet it yourself.
Once you understand the fee arrangement, ask yourself a few questions to determine whether you need the lawyer’s help:
- If you stand to gain license points, can you handle them? In other words, is your record clean, or are you already hanging by a thread and thus could benefit from a lawyer’s help?
- Is the lawyer’s fee greater than the fine associated with your ticket? In other words, would it make sense to simply pay the fine and move on?
- How much will your insurance premiums stand to increase if you pay your ticket? How does that compare to what you would pay a lawyer?
When in doubt, run these questions by your lawyer to see how else she could help you. For instance, maybe the fine associated with your ticket isn’t very steep, but simply paying the ticket (and thus admitting guilt) would tarnish your record and jeopardize your future driving privileges.
Tips for Finding a Lawyer
Finding a good lawyer can feel like a wild goose chase - but it shouldn’t have to.
Ultimately, the key is to hire someone who routinely works in the region where you were ticketed. This will ensure that the lawyer is familiar with the traffic laws in that area. However, this will also make it more likely that the lawyer knows the judges and prosecutors and has a comfort level navigating the courthouse culture. This is more important than many people realize: having a rapport with judges and prosecutors is worth its weight in gold. This doesn't mean that your lawyer can smooth-talk a judge into letting you off the hook, but it does reduce a good bit of the bureaucratic and administrative headache involved in navigating unfamiliar judicial terrain.
Additionally, carefully vet the lawyer’s experience and area of focus. Attorneys focus on different areas of law much like doctors specialize in specific aspects of health. Think of it this way: you wouldn't see an ear nose and throat doctor if you’re having issues with your foot: you would see a podiatrist. Similarly, you shouldn't call a real estate firm to handle your traffic ticket: you should seek out a traffic attorney.
While this may seem obvious, many panicked motorists immediately call the first lawyer a friend recommends because “Bob told me he’s a really good guy.” This isn't 1930s Maycomb County, so you have more options than Atticus Finch, the local generalist. Call an attorney who knows the ins and outs of the traffic laws in your jurisdiction. Traffic law tends to be a high-volume so attorneys who specialize in that area likely have handled hundreds or even thousands of cases just like yours, so it’s likely they will be well-positioned to help you.
Finally, consider the attorney’s success rate. Ask for numbers or check analytics. Alternatively, check the attorney’s profile online. Google his or her name and look for social proof in the form of reviews or website testimonials. Satisfied clients are one of the greatest marketing weapons for good lawyers so if you can’t find any, take this as a red flag.
Handle Your Ticket Off The Record!
At Off The Record, we’ve found an innovative way to handle speeding tickets outside of the traditional court process. To do this, we’ve developed an app (for iOS or Android, or old-fashioned web) that connects you with an experienced traffic lawyer in your area. We choose lawyers based on your locality, so it’s guaranteed that you will connect with someone who intimately knows the traffic laws in your region. All you have to do is download the app, snap a photo of your ticket, answer a few brief questions, and wait for your match.
Our primary goal is to get your ticket dismissed. This is not always possible, but the lawyers we work with will attempt to reduce your ticket to a non-moving violation so it will not impact your record or insurance rates.
And if you aren’t satisfied? We stand by our money-back guarantee, so you truly have nothing to lose by working with us.
Contact us to learn more or check out our FAQs.
Image credit: Highway Patrol Images, CC BY 2.0