Some tips to increase the chances of success at a hearing in court for a traffic offense in North America
WARNING: Following my successful experience in court, I'd like to share some tips. You should know that I'm not a legal expert or police officer. This is just my humble opinion and the advices written here may well be wrong. I cannot guarantee success to anyone in court by following my advice.
Before talking about the court, let's start with the moment of the offense. Even if you're not guilty, please answer the questions honestly, stay polite and talk nicely to the police! Avoid any comment about his decision because you risk another offense, even more serious - obstructing the work of a police officer. Anyway, it's not worth trying to convince him that he's wrong. You're much more likely to achieve this in front of the judge who is less subjective than the police.
In court, you must first know that the judge ignores the explanations you have given on the response form of the offense ticket. In fact, it can even play against you if you want to change the statement. Anyway, the explanations, which may likely include diagrams, are too long for the time of the judge. Therefore, in court you must not even mention the "response form".
Often the police officer who gave you the offense ticket is not present in court. Before your hearing you have the right to request "disclosure of the proof". You can request this in court on the day of your hearing (a few hours before), or ask it well before (by phone or fax) and it will be mailed to you! All that the prosecutor and the judge know about the offense is written there. In principle then, as long the "disclosure" allows, you could reinvent completely the history of the facts, but remember that you are on oath.
The judge respects, before everything, that you are well prepared for the hearing, as long as you have chosen to go that far:
- This means first that you are well and decently dressed, a bit in a businessmen style to be more precise. Don't exaggerate however, is not your wedding!
- You must have an upright, confident standing, someone who is right and feels well prepared, but not arrogant.
- Very important, the time in court is very precious and you must come quickly to the facts so the judge can take fast a decision. Therefore, it's very well appreciated if you prepare your speech before. Try to repeat it several times in front of someone at home!
To go to court, you should have said that you are NOT-GUILTY. So in court don't forget to say it again and explain your reasons. Many people go in court recognizing their fault and seeking indulgence from the judge for a variety of reasons. It may even upset him because he's not there for that. He works with the law, as it is, good or bad. I've even heard him that he would give a fine to a disabled person just for the way she prepared his defense.
In my opinion, the only way that could work is, first, to declare again firmly that you're not guilty. To leave no doubt about that, do only statements for your explanations. Avoid at all costs phrases that could mean doubt: "I believe", "in my opinion", "my feelings", the conditional ( "it could"), if the conditional ( "if I had seen") and so on. You must present the facts as being the absolute truth, not just your opinion. In fact, the doubt is already there because of the ticket of offense. It plays against you to add more doubt.
The explanation must show a reasonable doubt about the work of the police officer who gave you the ticket. Again, please make only statements, but this time concerning the work of the police officer. Try as much as possible to put the blame on a human error of the officer and not on his unwillingness or professionalism, or even the accuracy of electronic devices, because it complicates things and the judge is not ready to believe you (especially during the short time available). In addition, he hears dozens of reasons like these every day and he has to reject somehow most of them.
You must also realize that the judge is a human being. He knows that if you've made it up there, it's serious - either you're right, either you can not pay the fine. He WANTS to help you! He just needs you to give him the chance to cancel your fine. All he wants to hear soon is: NOT-GUILTY and an explanation of REASONABLE DOUBT. The prosecutor usually says nothing, unless you give weird explanations – so, more reasons to present a reasonable doubt. As you are on oath, they are forced to believe you, but not necessarily your explanations because you may be wrong as well.
Before finishing, unless you have made a very serious offense, I don't see how a lawyer could help you better than yourself. If all goes well, everything ends in less than 5 minutes. Good luck!
