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When is the appropriate time to testify in court in your defense for a traffic ticket?
I have a ticket for failure to heed sirens. But I was just pulling forward to a safe area to stop and it was dark. When I go to court they ask will you pay today and that's all. Then everyone sais yes or they ask for a continuance. Can I say something else? Do I just say yes to paying and then I get to testify? Or do I ask to testify?
9 Answers
- STEVEN FLv 71 year ago
Anyone telling you to ask for a continuance is CLUELESS.
When you first appear, the ONLY purpose of the hearing is to accept your plea. If your plea is not guilty, a trial date will be set. If your plea is anything use, you will be found guilty and it is too late to say anything else.
- MorningfoxLv 71 year ago
One of the first steps is to hear what the prosecution has to say. They get to go first. They have to present real evidence, not just "the cop who was there wrote up this report... ". That's hear-say, and it's not allowed. If the cop who give you the ticket isn't in court, then you can ask for a dismissal.
You don't have to testify in your own defense, because it's up to the state prosecutor to prove your guilt, using acceptable methods. Even if the cop is in court and testifies, you can wait until the prosecutor makes his whole case, and then ask for a dismissal. Maybe the cop who wrote the ticket isn't the cop who saw you fail to heed. Maybe there are other defects in the state's case.
If you're really serious about this, considering the impact on your insurance costs and all that, then GET A LAWYER. I would much rather pay $1500 to a lawyer, instead of paying three or four times that to the court and then the insurance company, plus having this on my record.
- Anonymous1 year ago
You will ONLY go to court if you request a hearing to contest the ticket.
You will not be asked if you will pay today. You will be asked why you feel you did not commit the offense you were ticketed for. That is your cue to present your evidence (which includes your verbal testimony).
No of course there will be no continuance. You're not Ethel Rosenberg. It's a focking traffic ticket. The judge will spend less than five minutes hearing your case.
By the way, you are required to move right for sirens and lights. That means NOW even if there is no shoulder or it's dark.
- 1 year ago
During the actual trial, when your lawyer calls on you.
You know, that hearing you have to schedule which is months after your court appearance as stated on the ticket.