What will happen when I go to court?

Question

I got in an accident recently and was cited for "failure to yield to right-of-way." In the city it happened in, you must go to court for the ticket. What will happen in court and what will I have to do?

Answer 1

pay a fine

Answer 2

If you did yield right of way, you're innocent, and therefore can get free legal representation from the state (as I recall subject to status :P), and you will go to court, present your argument, and a verdict will be decided, if a jury is present, this will affect the verdict.

If you didn't yield right of way, you're guilty, same rep applies, and you will present your argument, and again, a verdict will be decided, and if a jury is present, same applies.

Hope this helps.

Ben

Answer 3

If you were supposed to yield and didn't, you're guilty, so pleading not guilty won't gain you anything.  If there's a legitimate reason you failed to yield, plead "guilty with mitigating circumstances".  You're still guilty, but the fine will usually be less, or waived (nothing, as far as your pocket is concerned) if the reason was valid (to avoid a worse accident, perhaps).

If you're not guilty, and can prove it, do so when you're on the stand, or when you get to cross examine the officer.  The complaint says you failed to yield on Second Street, but you were actually on Third Street?  Let the officer establish that, yes, with absolutely no doubt, you were on Second Street.  Hit that point in cross examination at least a few times - "Second Street?"  "Arte you certain that it was Second Street?"  "How can you be so sure that it was Second Street?"  Even if the judge cautions you to not use that line of questioning again.  Then, when you testify, present evidence that you weren't on Second Street.)

If the summons is defective - and that happens more often than people who don't actually read the summons, word by word, realize - point out the defect to the judge after the officer has finished testifying.  (Defects include the wrong date, location, vehicle, registration number, description of the accused, and anything else that may indicate that the officer's "memory" of events isn't as good as he thinks it is.)  Some judges don't dismiss for technicalities, others always do.

And if the officer doesn't testify - IOW, "you got a ticket, so you have to pay" - or the officer doesn't even show up, move to dismiss for failure to present evidence.  If that isn't acceptable, move to dismiss for failure to prove a prima facie case.  (The ticket doesn't mean that you're guilty - they have to present evidence that proves, beyond a reasonable doubt, that you are.)  In some states (in New York it went to the Appellate Division, so it's the law statewide), you're entitled to a hearing on the appearance date, unless notified prior to that date, that your appearance date has been changed.  IOW, if the ADA isn't ready to present his case, it's GOT TO BE dismissed.

But, if you're guilty, waive trial (by pleading guilty) and ask the court for leniency.  (Saving the judge from doing some work may make her or him give you the lightest fine possible.)

Answer 4

probably have to pay a fine and court costs

Answer 5

Nikole did a good job of answering your question.  Just remember, be respectful.  If they want to be tough they could send you to Aggressive Driving class.

Answer 6

You will have to sit around until they call your name, and when they do you stand in line to appear in front of the judge.  You'll tell your plea to the judge, and he or she will probably ask you how old you are, if you have had any previous traffic violations, etc.  If you are lucky and get a nice judge, they will drop your ticket to the lowest possible fine.  It's usually not too bad and you really don't have to say much of anything.

Answer 7

You will get fined.  Usually you can pay on or before the court date, as the fine will be written right on the ticket.

Answer 8

You're gonna Pay!!! literally...