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What to Expect in Your Traffic Case: The Process Step by Step

Mar 05, 2021

WHAT TO EXPECT DURING YOUR TRAFFIC CASE

We appreciate you trusting your traffic case to the attorneys at Jardine Law Offices in Salt Lake City. We would like to try to answer some questions up front, and set some expectations. Please read this page carefully to gain a better understanding of the work we will be performing for you, and your role in the process.


OUR TRAFFIC GOALS


In our traffic cases our goals are always two-fold:


  1. Keep the conviction off of your record, and
  2. keep the points off of your license.


If we are successful in either one or both of these goals, the net result will be that your insurance rates should not change, and your driver’s license will not be affected. We say “should” because we cannot guarantee what every insurance company’s reaction will be to your being cited for a traffic violation. Generally speaking, however, insurance companies are not notified of citations, unless they become convictions.


WHAT IS A CONVICTION?


A conviction occurs in various ways. 1) you simply decide to pay the fine (which is sometimes listed as a standard bail); 2) if you plead guilty in court; and 3) if you are found to be guilty by a judge at a trial. Avoiding the conviction is most often realized through careful and experienced negotiations by your attorney.


WE WILL ATTEMPT TO NEGOTIATE YOUR CASE


Once we are retained as your attorneys we will be negotiating your case on your behalf. Don’t worry, we won’t accept any deals without your approval.


In order to be in a negotiating position, we will request the police reports in your case and carefully review them. These documents are often referred to as “Discovery”. Usually, it takes about 2 weeks to get the discovery from the prosecutors. Oftentimes, the prosecution will have a video, either body cam or dash cam. In traffic cases, we do not typically request that video, because of the cost in obtaining it and the time required to review the video. If you think the video will be helpful in our analysis of your case, basically if you disagree with the officer’s actions, we will request the video on your behalf (additional costs may be assessed).


WE WILL SET A PRETRIAL CONFERENCE WITH THE COURT


Jardine Law Offices will also contact the court on your behalf and set a pretrial hearing. On your citation it states that you have to contact the court in not less than 5 nor more than 14 days after you were cited. We will contact the court on your behalf. The date that the court gives us is often four to six weeks after we make our request. Your case will almost always be resolved at that hearing unless there are complications. You will need to plan on attending that hearing, so once you are notified of the date, please reserve the time necessary to attend court. If for any reason you cannot attend court, please call our office, and let us know what the conflict is.


KNOW YOUR RIGHTS


In order to be prepared for that hearing, it will be necessary for you to review your rights. We are including a generic “rights sheet” with this letter so that you can be prepared for court. As a side note, the rights sheet is written from the standpoint of informing you of your rights prior to you pleading guilty. You will need to know your rights, even if we ultimately decide to go to trial, so please carefully read that document.


RESOLVING YOUR CASE


At some point prior to actually speaking with the judge, you and I will have a conversation about the negotiated settlement we have procured on your behalf. Our conversation will likely be within 24 hours prior to the pretrial with the court—sometimes it will be 30 minutes prior to the hearing, or even during a pause in the hearing. The reason for this timing is dependent on the prosecutor. Some prosecutors are good at communicating before the pretrial conference, others are not. Historically, a pretrial conference is specifically designed for the attorneys to meet, negotiate, and inform the court as to any resolutions, or if a trial will be necessary. So, rest assured, you will know what the proposed resolution is as soon as we know. Please be patient, we don’t have any control over when a prosecutor responds to me, except that it must happen by the pretrial date.


Our negotiations on your behalf will result in one of the following outcomes:


  1. The prosecutor will agree to dismiss the case. This is the best outcome possible; it doesn’t get any better than this. However, it is fairly rare to have a case simply dismissed.

  2. The prosecutor will agree to a plea in abeyance. A plea in abeyance is essentially a delayed dismissal with extra conditions. This also a great result if we can achieve it for you.

  3. The prosecutor will agree to lower your charges. Sometimes this happens by lowering the speed you were going. Other times, we will get some charges dismissed in exchange for your pleading to other charges. Or sometimes we agree to plead to a non-moving violation, but you still pay a comparable fine. This negotiation is not ideal, but at least it lessens the consequences of a conviction.

  4. The prosecutor will insist you plead guilty as charged. This is the worst outcome. When faced with a “no deal” from the prosecutor, we almost always recommend we go to trial and let the judge decide. It literally can’t get any worse, so you have very little to lose going to trial.


PLEA IN ABEYANCE


Since we often achieve a plea in abeyance for our clients, let me briefly explain what it is. A plea in abeyance in a legal mechanism where you plead guilty, but your guilty plea is not initially recorded by the court. The court will impose probation conditions, that if met, will result in your case being dismissed. On the other hand, if you don’t follow the conditions of probation, your guilty plea would be entered as a conviction on the court record. Probation conditions often include payment of a fine, and the requirement to not break the law during the probationary period. That would include speeding tickets, and more serious violations.


When we speak with you regarding the negotiation, we will tell you the results, and you can decide if you are willing to accept the terms or not. If you don’t accept the terms, we can attempt to re-negotiate or we can set the case for trial. As you know, if we set the case for trial, you will need to make a payment to our office for the trial fee.


SETTING YOUR CASE FOR TRIAL


A trial on a traffic case usually takes about an hour to conduct. The court will give us a trial setting usually within 2 months of requesting our trial. Both sides will present evidence and the judge will then decide your guilty or innocence. We personally enjoy the opportunity to put the police officer on the stand and cross-examine them. My clients often enjoy watching me make the officer squirm, but it’s not for everyone. You will need to decide what is the best course in your case.


We hope this has helped you understand the process better. If you have any pictures, recordings, or witness statements that the police do not have, please preserve those and let the attorney know that they are available.


CONTACT US TODAY


Contact our experienced Salt Lake City Traffic attorneys today! We would love to put our expertise to your benefit! Remember, the person that decides to be their own attorney has a fool for a client!

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Common Questions About Speeding Tickets

By Joseph Jardine • 06 Apr, 2022
Ever received a speeding ticket? If so, you’re not alone. It should come as no surprise that speeding is one of the most common moving traffic violations in the United States; unless you meticulously stay at or under the speed limit every time you’re driving a vehicle, chances are you’ll end up with a speeding ticket at some point in your driving career. Whether you’ve just received a ticket or you’re interested in learning more about how speeding citations work, we’ve gathered some of the most commonly asked questions about speeding tickets and answered them below. What happens when you get a speeding ticket? So, what exactly are the consequences of a speeding ticket? That may vary from ticket to ticket, but usually, you can expect to incur a fine, be ordered to attend court, and receive points on your license. Not your first offense? You may also be looking at a suspended license and a severely damaged driving record. If you fail to pay the fine, don’t show up to court, or refuse to cooperate with the ticketing officer, you may even find yourself under arrest. And let’s not forget that even one small ticket can lead to a dramatic increase in the cost of insurance, with rates increasing roughly 25% after a citation. How do officers know that I’m speeding? Law enforcement officers can use a variety of methods to determine whether or not a driver is speeding. Some of the most common include: Radar. Radar guns work by emitting wide signals of energy and collecting the transmission upon its return, thus allowing officers to determine the speed of a vehicle. Laser. LiDAR or Light Detection and Ranging devices work much like radar guns do. However, instead of radio frequency, they emit narrow beams of lasers that are much more accurate than radar. VASCAR. Visual Average Speed Computer and Recorder devices are small electronics that determine the speed of a vehicle by measuring how long it takes to move from one point to another. Pacing. Pacing is a method in which an officer follows a speeding driver for a certain period of time. When pacing, an officer will use their own speedometer to determine how fast the speeding driver is going. Can I still receive a speeding ticket if I’m only going a little over the speed limit? Yes. If you want to avoid speeding tickets, then there is no such thing as a safe level of speeding. Many drivers exceed the limit every day with no consequences, thanks to a lack of traffic enforcement, the discretion of law enforcement officers, or plain dumb luck. It’s important to remember that you can be stopped for exceeding the speed limit regardless of whether you’re going 2 miles over or 20. And if you’re pulled over, then you may or may not be ticketed according to the discretion of the law enforcement officer. What is the average cost of a speeding ticket? Speeding ticket fines vary from state to state, but fines are generally heavier in East Coast states such as Maryland and New Hampshire. When it comes to median costs, the national average hovers at around $200, though the cost of the ticket often depends on how much you were exceeding the limit, whether or not it’s the first offense, and the area in which you were speeding. Will a speeding ticket go on my record? That often depends on how you choose to handle your ticket. If you pay the ticket outright, it will be marked as a conviction and will go on your record. If you fight the ticket in court or opt for mitigation, then you may be able to keep the ticket off of your driving record. I’ve received a speeding ticket. What are my options? Your options after receiving a speeding ticket may vary depending on your state, the ticket, and how many offenses you have. Generally, the most common options include: Pay the ticket. While this may be the simplest and least intensive option, paying the ticket often means the citation will be entered as a conviction on your record. This may affect your insurance rates for years, so think carefully before choosing this option. If you do decide to pay the ticket outright, be sure to do so before it comes due. Attend court. After receiving a ticket, you may be scheduled for a court date where you can attempt to fight the citation. Be aware that this option may take longer, and you’re not guaranteed to win, especially if you elect to represent yourself. Ask for mitigation. If you don’t want to go through a hearing or pay the ticket outright, you may ask the court for a mitigation or negotiation process. This option is often used when a driver was at fault but is attempting to negotiate a lesser punishment such as a reduced fine or keeping the ticket off of the driving record in return for attending traffic school or a safe driving course. The one thing you should never do is ignore a speeding ticket, no matter how small it may seem. Doing so will eventually land you in even bigger trouble. Is it a good idea to fight a speeding ticket? If you believe that you’ve received a ticket unfairly, you can choose to contest the citation in court. Many people opt to do this rather than paying the cost of their ticket up front in hopes of avoiding fines, points, or criminal charges. It’s important to note that every speeding ticket is different, so there is no hard and fast rule regarding whether or not you should fight your ticket in court. Certainly, there are many benefits if you win, but if you’re found guilty, you may also incur court fees on top of everything else. If you’ve received a speeding ticket and aren’t sure whether to fight it, you may want to enlist the help of a professional traffic lawyer so that you can make the best decision possible. Do I need to hire a traffic attorney if I get a speeding ticket? You may not be required to hire a traffic attorney after getting a speeding ticket, but many people find that it’s a good idea to do so. A professional and experienced traffic attorney will not only help you determine the best course of action to take after receiving a ticket but may also help you achieve a more favorable outcome if you decide to fight the ticket in court.

How to Renew Driver’s License with Temporary Permit

By Joseph Jardine • 06 Apr, 2022
If you hold a temporary driver's permit, you may find you need to upgrade this to a permanent license. Alternatively, your permanent license may expire and need to be renewed while you are still using the temporary permit. Learn more about how this is done in our guide. Types of temporary permits There are a number of different types of temporary permits available to America's drivers. Before we take a look at how to renew your license while using a temporary permit, let's examine why you might need one of these permits. T Licenses: Restricted 60-day permits Some states and jurisdictions offer temporary licenses for a variety of reasons — for instance, if a license is lost or damaged, or if it needs to be upgraded to cover a different vehicle class. These temporary permits may be issued for 30 or 60 days according to the jurisdiction's specific guidelines. In some cases, you may receive a temporary permit if you have been excluded from driving following a DUI or other conviction. Instruction permits You may receive a temporary or provisional driving permit when you are taking your driving lessons. Generally, this will permit you to operate a motor vehicle under the guidance of a professional instructor. If the process takes longer than expected, it is possible that your license may expire during this time, or that you lose your driving license or it is damaged. If this is the case, you may need to apply for a new license while you are still using your instruction permit. Applicant permits You may receive a temporary driving permit while you are in the process of applying for your license, or while you are renewing it. In this case, the permit will be given to you automatically when your application is submitted. You may use this temporary license until you receive your new, permanent license. Renewing your driver's license The process for renewing your driver's license when you are using a temporary permit is much the same as if you were renewing your license as normal. You will need to apply at your local Department of Motor Vehicles (DMV) office or at the local courthouse in your jurisdiction. Once the application is submitted, you will either continue to use your temporary permit until the request is approved and you receive your new license, or you will be issued a new, temporary applicant permit as noted above. To renew your license, follow this step-by-step process. Find out where you need to go to begin the application Different states and jurisdictions have different protocols in place for renewing your license. However, in most cases, you will need to visit either your local courthouse or the local DMV office to submit your application. Of course, you don't want to make the journey in person, so contact the local courthouse by telephone beforehand and find out if you need to visit their office or the local DMV office. You may also want to double-check that you know which DMV office handles your local area. Take your temporary permit and existing license to the office for renewal In most cases, you will need to visit the office in person to complete and submit your application. To support this in-person visit, you will need to take your existing driver's license, even if it has expired. If you do not have an existing driver's license, you may need some other form of identification. Take your temporary permit along as well. Inform the in-office advisor of any changes to your license information When you renew your driver's license, you should also take the opportunity to tell the representative at the DMV or local courthouse about any changes to the information they hold on file. The most important information will be contact and address information, as these details will be used to inform you about any issues with your application and to send the new license to you. You may also want to share any other information, such as changes in marital status, to avoid having to go through the process of changing your data further down the line. Have a new driver's license picture taken You will usually have to add an up-to-date picture to your driving license when you renew. This is a simple process and will be handled in the office where you submit your application. Follow the instructions delivered to you in the office to make sure that this picture is valid and ready for use. Pay your license fee There will be a fee for updating your license. Different states and jurisdictions will apply different fees for the application process, but you can expect to pay anywhere from $20 to $40 for your renewed license. The staff in the office will inform you of the full fee. Once the fee is paid, your application will be complete. Await the receipt of your new renewed license Unfortunately, you will not receive your new license immediately. The application will need to be processed and approved before a renewed license is issued. The benefit of renewing your license in person is that you can be assured that each step has been followed and there should be no problems with your application. In most states and jurisdictions, it will take between four and six weeks to receive your new license in the mail. As mentioned above, the DMV or courthouse will provide you with a temporary license in the meantime, or you can continue to use your existing temporary license if you have already been issued with one. Learn More About Renewing Your License and About DUI Law Our team is here to help you get back on the road in a safe and responsible manner. Whether you need to renew your license or simply want to discover more about DUI law in Utah, reach out to us today. Tell us all about the specifics of your case, and let us help you reach the right outcome. REFERENCES https://driving-tests.org/beginner-drivers/how-to-renew-your-driver%E2%80%99s-license/ https://en.wikipedia.org/wiki/Driver%27s_licenses_in_the_United_States#cite_ref-33 https://www.usa.gov/visitors-driving 
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