Traffic court need an attorney? (insurance, how much, vs) - City-Data Forum

tmt1224 · 09-24-2009, 07:33 PM

I git a failure to yield at crosswalk citation yesterday. Looks like I have to go to traffic court. Do I need an attorney? I have no points right now? Anyone know how much it will cost? I am out of town and am looking not to come back to philly. No amount on ticket say I have to go to court

Morphous01 · 09-24-2009, 07:41 PM

lol, you don't need an attorney for this. It's a CITATION. You can fight the case if you can show proof that you DID yield otherwise its your word vs the cop.

However, if you did not yield then just pay the fine because you got caught and move on with your life. I'm guessing the fine will be LESS then 300 bucks.

PeeAye Native · 09-24-2009, 10:58 PM

Ask yourself, truthfully, did you yield at the crosswalk? Then decide what to do.

phlydude · 09-25-2009, 09:42 AM

go to court and challenge - the cop that is there is a "fill-in" and not the actual officer that issued the citation - go talk to them and see what their thought is - worse case is that you wasted the court's time and yours and you still pay the fine

Best case is that it is thrown out

You have the right to file for a motion to dismiss (although depending on the judge, you might get a talking to and ridiculed in front of all the folks waiting their turn)

You also have the right to ask for continuance if you are in the process of securing a lawyer

You can file for a motion to appeal if the outcome is not to your liking (word is that the actual cop won't be called in until the 3rd time your case is heard - basically after the 2nd appeal - cop no show, no contest, you win).

You might also be able to negotiate the outcome of the fine to a lesser charge. Happens all the time with moving violations to remove or lessen the points outcome.
If this is a 0-point violation, just go and pay. If there are points, negotiate the points and plea to something like "failure to observe road signage", pay your money now and your wallet will thank you when the insurance money is due in the next 36 months...

But check the ticket - if anything is incorrect (like plate number, name spelling, DL number, etc.) - ask to have it dismissed with the stand-in officer