Preparing for a Traffic Court Hearing
If you’re reading this blog post, you have likely scheduled your traffic court case for trial, whether it be a bench trial or a jury trial. A bench trial is conducted in front of a judge and is usually much shorter than a jury trial. A jury trial, on the other hand, takes longer due to the jury selection process, which extends the overall proceedings. If you have set your ticket for trial, preparation is crucial—especially if you are representing yourself and facing an experienced prosecutor in court. However, hiring an experienced traffic lawyer can provide significant advantages in presenting a strong defense.
Review & Gather All Necessary Documents and Evidence to Support Your Case
If you do not have any evidence of your own, you have the right to request relevant evidence from the prosecution. Common types of evidence that the prosecution may provide include dashcam and bodycam footage from the officer, police reports, crash reports, and photographs. Additionally, it is essential to carefully review the citation itself. Mistakes on citations—such as listing the wrong traffic offense—are not uncommon, and such errors could provide grounds for fighting the ticket.
Before trial, take the time to thoroughly review all documents, photos, or videos related to your case. Evaluate whether the evidence strengthens or weakens your defense. Once the trial begins, the judge will only consider admissible evidence, which typically includes testimony, photographs, or video recordings. You are permitted to testify on your own behalf (traffic trials are generally less formal than other types of trials) and present your side of the story. However, testimony alone may not be enough to win at trial. Additional evidence—such as witness testimony from friends, passengers, or bystanders—can be beneficial.
In many cases, photographic and video evidence is the strongest type of proof. For example, a photo of vehicle damage could demonstrate that you were not at fault in an accident, or a video might show that your speedometer reading was within the legal limit. However, all photo and video evidence must be authentic and unaltered, or it will likely face objections from the prosecution. If the photos or videos were taken by someone else, that individual must appear in court to testify about when and how they captured the footage. Otherwise, the evidence may be deemed inadmissible. A traffic attorney will be able to properly introduce evidence and argue for its admissibility in court.
Understanding the Court Process
It is important to understand the courtroom procedures and the specific traffic court where your case will be heard. Generally, trials are conducted toward the end of the court call, as they take longer than other proceedings. Having a trial scheduled at the beginning or middle of the session could mean that other individuals in court must wait an extended period for their cases to be heard.
Once your trial begins, the judge may allow opening statements, though this varies by courthouse. The prosecution will then present its case first, which may include testimony from the ticketing officer, other witnesses, or another driver involved in an accident. The prosecution may also introduce evidence, such as police reports, dashcam footage, or photographs.
As the defendant, you have the right to contest the prosecution’s evidence and cross-examine any witnesses. If a witness makes a statement that hurts your case, you may object to the testimony or challenge its validity. After the prosecution has presented its case, you will have the opportunity to present your own evidence—including calling witnesses or introducing documents, photos, or videos.
Maintaining professionalism and composure throughout the trial is crucial. Always allow the prosecutor, witnesses, and judge to finish speaking before responding. Objections should be made only after a witness has completed a statement. Displaying anger or frustration in court can negatively impact how the judge perceives your case and may affect their belief in your testimony.
After hearing all of the evidence, the judge will issue a verdict determining whether you are guilty or not guilty of the traffic violation.
Did Your Case Get Set for Trial?
If your case is set for trial and you are seeking legal representation or legal advice, contact us today—we are more than happy to assist. Call us to have an experienced traffic attorney evaluate your case, build a strong defense, and fight to protect your driving record.