I know the obvious of being polite and respectful. do I show up early like an airport? Do I just show the guard my ticket? Anything I should know or be aware of?
Dress well
Yeah, that’s one thing I’m worried about. Powers out because of the hurricane. I’ve got black jeans and a polo shirt clean.
That should be fine. It’s traffic court, not a murder trial, just don’t show up in a ratty shirt if you can be in nicer.
The bigger thing is to look like you put effort into your appearance. Everything clean, no wrinkles, etc. Dress as nice as you can within that. Think whatever you would wear to a job interview.
You will probably (and should) be dressed better than most of the people there. It does get noticed, and will help you out.
Dress as well as you can, be on time or a little early, don’t piss off the judge.
Be honest.
if you’re wanting to talk to somebody before hand… they should have a public defender you can speak to. Bring relevant paperwork.
Be prepared for the public defender to ask you two questions then shun you the rest of the day while they tend to their other 30 clients that day
Do I need a public defender? I didn’t intentionally do anything wrong I just didn’t know my license was expired? I’ve got a clean record it was just a mistake.
Don’t know where you are from but at least in 🦅 country you have a right to counsel. Thats works out to usually being assigned counsel (public defender) as soon as possible in the interest of justice. For a standard ticket you will probably have this settled within two court dates, your fees and other associated charges may not be so nice.
Probably not. By the sounds of it, it’s “just” traffic court… You’ll be herded into a courtroom with a couple dozen others, and each of you will be called in turn to speak to the judge. Kinda like a pop quiz. You’ll be told your charge and be asked a few questions. If you’re polite and genuine you’ll likely get off easy, since people LOVE to fight back and dig their hole deeper.
Back in high school I was in a similar situation, and basically got it completely dismissed because I was young and it was my first ever infraction.
IANAL
I’d still take one if that’s an option. A lawyer isn’t just somebody to defend you. They’re the ones best suited to guide you through the legal process.
You want the court to know it was a mistake? Ok, here’s how we argue that in such a way that it’s not admitting fault for some other legal aspect you need to be mindful of. And here’s a point we can make to see if they’ll change it to this other violation that has less of a penalty or doesn’t result in large premium increases with your insurance.
You might not even get a public defender. Is an expired license at the same level as a speeding ticket in your area? If so, your government might only assign public defenders to ‘criminal’ charges with potential jail times. Just be aware of that before you start desperately trying to find one that doesn’t ‘exist.’
When I used to work in a prosecutor’s office, in a situation like this where the person has a clean record and comes in for an expired license, as long as you renewed the license before your court date, we would just dismiss the charges as long as you’re respectful of the court and the process. Dress well. If court opens at 9:00 a.m., get there at 8:30 a.m.
You will see defense attorneys milling about. You could ask one of them where to go to talk to a prosecutor. Usually prosecutors would start calling cases at 8:30 a.m. to make deals and see what defenses people are going to raise before the judge began calling the docket.
Just talk about how squeaky clean your record is and how you didn’t know your license was expired, how you went and got it renewed as soon as you found out, and you’d appreciate it if they’d dropped on your promise never to meet again.
I assume this is not for a trial appearance. This is a preliminary proceeding. Procedure may be completely different in your state.
I am not your lawyer.
There’s lots of resources online specifically about your state, that will be important, as every state is different.
In one state where I lived, you had the right to transfer moving violations to criminal court (the court for tickets was generally a Justice of the Peace, which is an appointee, so a legal education isn’t required to be one).
Criminal court has higher requirements for everyone involved, so it can be useful for defense purposes. It also costs more, both for the state and for you in court fees (fines will be the same). The advantage is the state is motivated to plea your charge down to clear the docket. I’ve seen this many times, for everything under the sun. But, every state is different.
I assume since you have court it’s because this is your first ticket, and you’re young - not sure why they do that, but it’s not uncommon. I guess they want to put the fear of the legal system in you. Had the opposite effect for me, saw it was just a process, that goes on all day, every day. Later tickets you just pay.
Actually I’m not young. Im 35 but I drive like an old man so never even get tickets much less had to go to court for anything.
I’m assuming my chance of going to jail over this is low but I’m still worried about it. Ive never been to jail and that would cause me to miss work and I need my job.
I don’t know if criminal court would be a better option because I can’t think of something lesser than letting my license expire accidentally.
You aren’t going to go to jail. This is an administrative ticket, you didn’t even do anything wrong like speed or run a stop sign.
If you don’t know what to do currently, just plead not guilty. For a traffic ticket they’ll schedule a bench trial. This gives you some more time to work things out. Talking to a public defender can help but also talking to the prosecutor can help too. They want things to be quick and easy. If they think you might try to actually fight it, they’ll try to appease you with less of a punishment or even none at all. One time I had a speeding ticket dismissed and no points on my license if I plead guilty to careless driving and paid the fine.
How does that work In this situation tho? My license is expired and I was driving. How could I say not guilty? Wouldn’t that just piss the judge off?
If that pisses the judge off, they are a bad judge. If they are a bad judge, getting out of their court as quickly as possible is your best bet. If they aren’t a bad judge however, then that shouldn’t piss them off at all. You say you didn’t know it was expired. How long ago did it expire? Why were you pulled over initially?
Right now you’re innocent, assuming you’re in the US or other former English colony. The judge is presuming you’re Innocent. It’s the cops contention that you were driving with an expired license and they may(do) have evidence to that claim, but until you admit to that in court, youre innocent. It’s not illegal to assert your right to be presumed innocent, and it’s not illegal to argue a poor case at a later date.
I wouldn’t listen to this advice, personally. Driving with an expired license is more black and white than speeding. With speeding could have been other cars around that the radar was picking up, the radar might not have been calibrated recently, the cop might decide it’s not worth showing up.
I’ve pleaded not guilty to several speeding tickets and got some dismissed and some reduced (I lived in a rural area as a college student and they made a lot of money that way)
One time my sister got a ticket and asked me the process to expect when you plead not guilty so I told her - but I didn’t know she got the ticket in a school zone. When she got there the cop got up on the stand and ran through his certification to operate the radar and when it was last inspected and they asked her how she could explain that she could possibly be not guilty and she got whatever the big fee was. (Which I assume she would have had to pay anyways but without the embarrassment)
It’s not in dispute that your license is expired, and I would think hard to dispute that you got pulled over while driving. Given those two facts I don’t see an advantage to pleading not guilty, you might just annoy the judge, which decreases likelihood of lenience.
you might just annoy the judge,
I covered that with the part about a bad judge. Additionally, nothing stops them from changing their plea to guilty after the fact. Their court date is tomorrow. This will give them time. After that, even if OP was guilty and caught dead to rights, they could get the case dismissed if there wasn’t a valid reason to pull them over. Sure that might be unlikely, but possible. Lastly, the cop might not even show up.
Don’t bother pleading not guilty unless you have an attorney. It grants you (your attorney) time to negotiate with prosecutors to plead guilty to a lesser charge or similar. But an expired license is about the lowest charge you can get.
Traffic court is very routine. People get up, hear the charge, mostly plead guilty/no contest, hear their sentence (usually a fine, probably under $200 depending), and get pointed to where they can pay. You negotiate payment terms at the later office.
It will help to show how you’re going to address the original issue. Even just having an appointment at the DMV, which you can probably book online.
Did you fix the problem? If so, just show that you fixed it and they will probably drop it.
If you haven’t fixed the problem, be prepared to explain yourself.
In any case, be prepared to deal with the fine immediately. Even if you have to use credit. Judges never want to hear that you cannot pay a fine same day.
As far as the logistics: There will be a docket posted. Probably electronic, on TV panels. Find your name and it will show you your courtroom. Go there and check in with the clerk. Ask them what to do, it’s probably, “just have a seat and wait your turn.”
GL, it’s not a big deal for something like an expired license.
There’s no way I can deal with the fime immediately. That’s kind of information is exactly what I was asking about…
I live paycheck to paycheck. I don’t get paid again until next week.
They really expect people to pay the unknown fine immediately?
Yes they do. It’s not a show stopper if you can’t pay, just be honest. “No sir/ma’am, I cannot pay that today as I live paycheck to paycheck. May I set up a payment plan with the clerk?”
Judges see it all the time and really since you don’t have any actual charges there’s nothing they can or will do to you.
Yes, but if you are really that bad off state ‘i missed the notice because I am housing insicure. I have little money after rent so I ask the court to show mercy’. A lawyer can word that better but something like that. If this is a first offense they may let you off with a warning.
