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See the comment on members fighting tickets and winning.
NMA E-Newsletter #200: When Does it Make Sense to Call an Attorney?
Over the years the NMA has helped countless members fight their tickets.
We do this because drivers who stand up for themselves in court almost
always have better outcomes than those who do not. In addition, the more
stress drivers place on the flawed traffic justice system, the sooner
that system will break down and have to be reformed.
And, by all accounts NMA members are successful. They routinely pass
their ticket fighting stories on to us for publication in our various
forums. One member told us he had fought five traffic tickets by himself
and had won every time, with the NMA's assistance.
This "do it yourself" mindset informs virtually everything the NMA does.
Even so, there are certain circumstances where we recommend that you
not go it alone and seek the assistance of a qualified attorney.
For example, a member contacted us recently to discuss a ticket he had
just received for reckless driving. If convicted, he could face jail
time. In addition, he had a marginal driving record and was delinquent
in paying a fine for a previous speeding ticket. Given what's at stake
(possible jail time, loss of license, high fines, insurance surcharges),
we advised him to contact an attorney.
Other kinds of charges that fall under the "call a lawyer immediately"
category include DUI, serious criminal offenses like vehicular homicide
and anything that could cause you to lose your license. Also consider
contacting an attorney if you decide you can't devote the time and
personal energy to your case.
Working with an attorney may also make sense if you receive a ticket
while out of state and can't return to represent yourself. Not
contesting or pleading guilty to an out-of-state charge can lead to
penalties and insurance surcharges in your home state. These are in
addition to those you already face from the jurisdiction that issued you
the ticket.
The key is to understand the nature of the charges against you and the
possible penalties. If you're unsure about the citation referenced on
your ticket, look up the violation code or statute number online. Is it
for speeding or something potentially more serious like reckless
driving? It's important to find out since the penalties can vary widely.
How will a guilty verdict affect your driving record? Could you lose
your license? What does your driving record look like in the first
place? (For tips on where to find answers to these questions, look here
and here.) This will help you decide if it makes sense to hire an
attorney.
A lawyer can also help if you decide to appeal a lower court ruling.
States vary considerably in their appeals procedures. Some can be quite
complicated, and you may have to document any legal errors the lower
court made that may have negatively affected your case. Unless you're a
third-year law student, your chances of doing this on your own are
probably pretty slim.
A good place to begin looking for an attorney is the attorney section of
the NMA website. If you can't afford an attorney, many communities have
legal aid societies or bar association chapters that can provide
affordable legal services to qualified applicants.
When you hire an attorney, it's important to communicate your
expectations. If you really want to get a dismissal, make that clear. If
you can live with a plea bargain or reduced charge, state that as well.
Setting clear expectations will help to ensure you get the results
you're paying for. Get an idea of costs up front and consider contacting
several different attorneys before making your decision. ♦
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