It is the court's wish that you know your rights and duties. By law, the court must apply rules of procedure and
evidence to each case it hears. These procedures are applied uniformly, without regard to personal considerations. The judge is sworn to enforce without favor the laws of the State and community, which are made by the people for the protection of all.

The General District Court does not conduct jury trials. All cases in this court are heard by a judge. Jury trials are held only in Circuit Court, as provided by the State Constitution.

The Code of Virginia defines criminal offenses and sets penalties. For many offenses the penalty prescribed is a fine. Fines collected for violations of city, town, or county ordinances are paid into the treasury of the city, town, or county whose ordinance has been violated. All fines collected for violation of State law are paid into the State Treasury. The amount of court costs is set by the State legislature, and the court cannot suspend or waive costs. Judges, clerks, and magistrates are salaried with public funds and they collect no individual fees.

Why Are You In Court?

You are appearing in court for one of the following reasons:

You are a plaintiff because you filed a civil suit, or

You are a complainant because you have caused criminal charges to be brought against someone, or

You are a defendant because someone is suing you, or you have been charged with a traffic violation or a criminal offense, or You are a witness who has been called to testify.

Your Rights In Court

You have the right to retain and be represented by your own lawyer in all matters before the court. However, you may waive representation by counsel and represent yourself.

If you are charged with a crime for which the penalty includes the possibility of a jail sentence, and you state that you are indigent and cannot afford a lawyer, the judge will examine your financial status. Based on results of the examination, and your financial statement under oath that you cannot afford an attorney, the judge may assign an attorney to represent you, in which event the cost of such attorney may be incorporated as court costs, if you are found guilty. If you are the complainant in ac criminal proceeding, the Commonwealth's Attorney, who represents the State, will prosecute the case. You have the right to have the clerk's office subpoena witnesses to appear on your behalf in court. You may ask for a continuance if you have good cause to have your case put off until a later date, though the judge does not have to grant your request.

Types of Cases:

General District Court Civil Cases. The General District Court decides civil suits involving amounts of money up to $15,000. Unlawful detainer (eviction) suits that include a request for rent can be heard by the General District Court if the amount of rent requested is more than $15,000. A suit is begun by filing a civil warrant or motion for judgment with the clerk of the court and paying a fee.

Criminal Cases. The General District Court decides cases in which a person is charged with a misdemeanor. A misdemeanor is any charge which carries a penalty of no more than one year in jail or a fine of up to $2,500 or both.

The General District Court holds preliminary hearings in felony cases. Any charge which may be punishable by more than one year in jail is called a felony. Preliminary hearings in felony cases are held to determine whether there is enough evidence to justify holding the defendant for a grand jury hearing. The grand jury determines whether the accused will be indicted and held for trial by the Circuit Court.

Each defendant in a criminal case is presumed innocent until proven guilty beyond a reasonable doubt. Upon consideration of evidence, the judge decides the question of guilt or innocence and on a finding of guilt determines which penalty, if any, is proper and lawful.

Traffic Cases. The General District Court hears cases in which a person is charged with a traffic offense. Most traffic offenses are traffic infractions. (Cases involving awards to individuals for damage in connection with traffic violations are civil in nature.) If you are convicted of certain traffic violations the Virginia Division of Motor Vehicles will assess points against your driver's license. This is an administrative action by DMV and is in addition to any sentence imposed by the judge.

Procedure In Criminal And Traffic Cases

If you are a defendant:

When your name is called, come forward with your lawyer. if you have one, and witnesses and stand before the bench. The charge will be read. If you do not understand the charge. ask the judge to repeat or explain.

If you are asking for a continuance (postponement.) do so now, and give your reason. You answer the charge by saying guilty or not guilty. If in doubt, you should plead not guilty. When you plead guilty, you admit that you broke the law as you were charged, and are agreeing to accept any penalty set by law and imposed.

If your plea is guilty:

The judge may hear a brief statement from the officer, prosecutor or individual who brought the charge against you.
Then the judge may ask you if you wish to make a statement. You may then say whatever you wish about what happened. The judge will find you guilty or not guilty and may sentence you.

If your plea is not guilty:

The witnesses who bring evidence against you will be heard first. You or your attorney may cross-examine each witness. You may present witnesses on your behalf, but you do not have to testify yourself, unless you want to do so, when you a accused of a criminal charge. After your evidence is presented, witnesses against you may be heard again in rebuttal testimony. Then the judge will give his decision. If you are found NOT guilty or, if the judge dismisses the case against you, or if the judge grants a motion not to prosecute, you are free to go.

If you are found guilty, you must satisfy the sentence by:

Paying fines and court costs in full to the clerk of the court if so ordered by the judge. Surrendering your driver's license to the clerk if so ordered by the judge. Serving time in jail if so ordered by the judge. Comply with alternative sentence as ordered by the judge.

Failure To Appear:

In criminal and certain traffic cases, if you fail to pre-pay the fine and costs (when allowed) and also fail to appear in court, a separate warrant may be issued against you on the new charge of failure to appear. You then will have to stand trial on that charge, as well as the original charge.

PERSONAL INJURY back to top

When You Need A Personal Injury Lawyer...
A personal injury lawyer is a professional who gives legal advice and assistance to clients and represent them in court or in other legal matters after they have been injured.

• Car or automobile accidents
• Motorcycle accidents
• Bicycle accidents
• Train accidents
• Bus or public transportation accidents
• Airplane accidents
• Boating accidents
• Slip and fall accidents
• Dog bites
• Sports injuries
• Accidents at work

These accidents can cause any of the following injuries:

• Back pain
• Neck pain
• Whiplash
• Shoulder pain
• Brain injury
• Chronic pain
• Headaches
• Concussions
• Broken bones
• Internal injuries
• Disabilities
• Paralysis
• Death

Delinquents

• Juveniles accused of traffic violations
• Children in need of services
• Children in need of supervision
• Children who have been subjected to abuse or neglect
• Family or household members who have been subjected to abuse
• Adults accused of child abuse or neglect, or of offenses against members of their own family (juvenile
  or adult)
• Adults involved in disputes concerning the support, visitation, parentage or custody of a child
• Abandonment of children
• Foster care and entrustment agreements
• Court-ordered rehabilitation services
• Court consent for certain medical treatments

In Virginia, a juvenile is any person under 18. A delinquent is a juvenile who has committed an act which would be a crime if committed by an adult. A "child in need of services" is a juvenile who's behavior, conduct or condition presents or results i a serious threat to the juvenile's well-being and physical safety. A child in need of supervision is a juvenile who is either (1) habitually, and without justification, absent from school, or (2) runs away from home or a residential facility. Child abuse and neglect involves the improper care or violent handling of juveniles.

Juvenile and Domestic Relations District Courts differ from other courts in their duty to protect the confidentiality and privacy of juveniles coming before the court, and in their commitment to rehabilitate those who come before the court, in addition to protecting the public and holding juvenile offenders accountable for their actions. The welfare of the juvenile and the family, the safety of the community, and the protection of the rights of victims are the highest concern in the court's proceedings. In other respects, juvenile courts generally have the same requirements and provide the same safeguards as other courts. This court does not, however, conduct jury trials. All cases are heard by a judge.

Court Clerk
Each court has a court clerk's office which processes all case papers, keeps court records and provides information to the people involved in a case (to the extent permitted by law). Anyone wishing to make a witness appear at a court hearing may request the issuance of a subpoena (a document used to require a person to come to the court hearing) at the court clerk's office. While court personnel are not permitted to offer legal assistance, they can provide general procedural information. Because of confidentiality laws, the clerk's office can often only provide very limited information about a case and then only to those people involved with the case.

Court Service Unit
Associated with the Juvenile and Domestic Relation District Court is a court service unit, sometimes called the Juvenile Probation department, which serves the court and facilitates the rehabilitation or treatment of those who come before the court. The court service unit's functions include:

Intake. Reviews all complaints and determines whether there are enough facts to involve the court. If so, the intake officer may either proceed informally to make practical adjustments without filing a petition or may authorize the filing of a petition to bring the matter before the judge. Intake does not handle those criminal charges against adults which are started by obtaining a warrant from a magistrate.

Investigation. Conducts all background studies required by the judge, such as examination of a juvenile's social and educational background. Probation. Supervises delinquent juveniles and children in need of services released into home probation and supervises adults released on probation in support and other cases involving the defendant's relation with family members and individuals to whom he has a support duty. After-care. Supervises juveniles recently released from state institutional care. Domestic Care. Supervises juveniles being held in detention or shelter care homes. In some localities, the staff of these facilities are independent of the local court service unit. The intake officer can further explain the procedures of the Juvenile and Domestic Relations District Court at intake.

Other Agencies

Welfare and social service agencies are in frequent contact with the court in certain types of cases. They perform the initial investigation in abuse and neglect cases. Juveniles may be committed to such agencies when they are removed from home. Other agencies provide such services as may be ordered by the Judge.

Lawyers

The right to be represented by a lawyer in this court extends to:

• Juveniles involved in delinquency cases.
• Juveniles in need of services.
• Juveniles in need of supervision.
• Abused and neglected juveniles.
• Any juvenile who is the subject of a custody,visitation or support controversy.
• Adults before the court on criminal charges.
• Adults faced with loss of their parental rights.
• All other persons whom the court feels require lawyer's services.

The court appoints a guardian ad litem (a lawyer who protects the juvenile's best interests) to represent all juveniles alleged to be abandoned, neglected, abused or dependent who are the subject of an entrustment agreement (in which the parents give up their parental rights and transfer care and custody of the juvenile to an agency), a court proceeding to terminate residual parental rights (for all rights and responsibility for the juvenile), or whose parents desire to be relieved of care and custody of the juvenile.

Adults and juveniles who can afford to do so must pay the costs of their own lawyer. Those who cannot afford a lawyer must complete a financial statement showing their indigence (lack of money) in order to receive a court-appointed lawyer. However, a lawyer will be appointed for adults only in criminal cases, abuse and neglect cases, and termination of residual parental rights cases. Parents or guardians of juveniles or other adults receiving a court-appointed lawyer who, upon further investigation, are found able to pay will be charged the costs of the lawyer's services. Use of a lawyer is not required in all cases; the right to a lawyer may be waived by the accused except when the interests of the accused juvenile and his parents are in conflict.

Petition, Summons, Subpoena and Warrant

A petition is a legal document containing the written statement which brings the case involving a juvenile into court. The petition contains facts concerning the case and requests a hearing to determine the truth of these facts and to take whatever action is appropriate and permitted by law.

A summons is a legal document requiring a person to appear in court at the date and time stated on the summons. The petition is delivered with the summons to those people who are required to be in court as parties in the case. No petition is required when a juvenile is arrested and released on a summons written by an arresting officer.

A subpoena is a legal document delivered to witnesses who are required to be in court, telling them when and where they are required to appear.

A warrant is a legal document accusing a person of committing crimes, requiring that the person be arrested, be brought before a magistrate for a pretrial release (bail) hearing, and be required to appear in court to answer the accusations.

When Called to Court

All persons required to appear before the Juvenile and Domestic Relations District Court should arrive on time, at the time and place stated on the petition, summons, bail form or subpoena. It is important that everyone involved in a case be ready when the case is called into the courtroom. Though the wait may seem long, everyone must remain until the case is called; to do otherwise is a criminal offense. The court does not have childcare services; therefore, the only children who should be brought to court are those children involved in the case or whose presence has
been requested or required by the court, an attorney or a probation officer.

Privacy and Confidentiality

A juvenile or adult charged with committing a criminal act or traffic infraction has the right to a public trial; this right may, however, be given up. If a juvenile is accused of committing an act which would be a misdemeanor if committed by an adult, the hearing is closed to the public. If a juvenile over 14 is accused of committing an act which would be a felony if committed by an adult, the hearing is open, unless the judge decides to close the hearing.

Court reports and records in juvenile cases are generally open only to those specifically permitted by law to have such access. Court officials or others who violate this confidentiality requirement are subject to criminal penalties. The court records of a juvenile over 14 who has been adjudicated delinquent for an act which would be a felony if committed by an adult are not confidential.

II. Juvenile Delinquency and CHINS Cases; Adult Criminal Cases

Detention or Shelter Care

A juvenile may be taken into custody if he/she commits a crime in a police officer's presence, if the police officer believes that he/she committed a felony, (a crime punishable by death or imprisonment for more than one year) or if a judge, intake officer, or clerk (when authorized by the judge) issues a detention order requiring an arresting officer to take a juvenile into custody. If not immediately released by an intake officer or magistrate, the juvenile is held
in custody (detention) until being brought before a judge or court official for a detention hearing. This hearing usually must occur within 72 hours of the taking of the juvenile into custody.

The detention hearing is not a trial, but merely a hearing to determine whether detention of the juvenile should be continued. If the judge decides that a juvenile is to be released from detention, he also decides who shall have custody and who shall be responsible for the juvenile until trial. Also, the judge decides whether or not the juvenile is to be restricted or be required to do certain things until the trial. He may also require a bail bond to be posted. The juvenile can be further held in a secure place only if he/she is charged with being a delinquent child. Detention will be continued only if the juvenile is a threat to himself or the community, no parent or other suitable person is able and willing to supervise and take care of the juvenile, or the juvenile's life or health would be placed in danger if he/she is released. Prior notice of the detention hearing must be given to the juvenile's parent or guardian, and to the juvenile if he/she is over 12. The juvenile has the right to be represented by a lawyer at the detention hearing, the right to remain silent concerning the accusation of delinquency and to be informed of the contents of the petition.

While the juvenile is in a detention home or shelter placement, parents or guardians wishing to visit may do so only during permitted visiting hours, which are usually restricted. Parents or guardians should find out in advance of a visit the hours when visitation is permitted.

Certification or Transfer to Circuit Court for Trial as an Adult

A case involving a juvenile 14 years or older accused of a felony may be certified or transferred to the Circuit Court where the juvenile would be tried as an adult. A hearing to determine whether to transfer the case cannot occur unless the juvenile's parents or their attorney are notified of the transfer hearing.

Certification to Circuit Court

The case of a juvenile accused of certain serious felonies will be certified to Circuit Court if the Juvenile and Domestic Relations judge finds probable (reasonable) cause to believe that the juvenile committed the act of which he is accused. If a juvenile is accused of certain other serious felonies, the case will be certified to Circuit Court if the Commonwealth Attorney asks to have the case certified and if the Juvenile and Domestic Relations judge finds probable (reasonable) cause to believe the juvenile committed the act of which he is accused.

Transfer to Circuit Court

If a juvenile is accused of other felonies, or if the Commonwealth Attorney decides not to seek to have certain felony offenses certified to Circuit Court, the transfer proceeding will begin when the Commonwealth Attorney files papers with the court requesting the transfer. Under these circumstances, only the Juvenile and Domestic Relations judge can decide to transfer the case.

In order to transfer the case to Circuit Court, during the transfer hearing the court must determine that the juvenile's act would have been a felony if committed by an adult and must also consider certain other factors relating to the juvenile's history and alleged offense. Prior to transferring the case, the Court must also determine that the juvenile is competent to stand trial. The juvenile is presumed competent to stand trial. The party challenging that presumption bears the burden of proving the juvenile is incompetent to stand trial.

Statements made by the juvenile during the transfer hearing may not be used as evidence of the offense at a later court hearing but may be used later to challenge the truth of the juvenile's testimony.

If the court refuses to transfer the case to the Circuit Court, the judge who presided over the transfer hearing may try the case unless a party objects. Within 10 days, the juvenile may appeal a judge's decision to transfer. The Commonwealth Attorney may also appeal a judge's decision not to transfer the case if the juvenile has been charged with certain offenses.

Any juvenile convicted in Circuit Court after being transferred or certified will be treated as an adult in all future criminal cases.

Traffic Cases

Cases involving juveniles accused of traffic violations are heard by the Juvenile and Domestic Relations District Court. Certain violations called prepayable traffic infractions may be prepaid at the clerk's or magistrate's office if prepayment is permitted by the chief judge of that court and if the juvenile wishes to plead guilty and not contest the charge. The traffic summons should be examined to see if the arresting officer has marked that trial may be waived (given up) to permit prepayment. If prepayment is permitted, the clerk's or magistrate's office should be called to find out the fine and costs and to find out where to mail or deliver the signed Waiver of Trial form (on front of summons) with the fine and costs. The telephone number for the clerk's office appears on the summons or in the telephone directory under the listing for the city or county government.

Preliminary Hearings for Adults

Adults charged with committing felonies against children or family members are brought into Juvenile and Domestic Relations District Court, after arrest, for a preliminary hearing. This hearing is held to determine if there is probable (reasonable) cause to believe that the accused adult committed the felony. If probable cause is found, the case is transferred to circuit court; otherwise the case is dismissed.

Adjudicatory Hearing (Trial)

The actual trial in juvenile delinquency cases is called the adjudicatory hearing. It is at the adjudicatory hearing that the judge determines whether the facts as stated in the petition or warrant are true. The judge may temporarily postpone a case to allow all parties time to obtain a lawyer or for any other reason needed to have a fair trial. A juvenile accused of a crime has the following rights at the adjudicatory hearing:

• The right to be represented by a lawyer to the extent provided by law.
• The right to have witnesses to appear on their behalf.
• The right to subpoena (to require to come to court) witnesses to appear.
• The right to confront and cross-examine (question) witnesses testifying against them (accusers).
• The right against self-incrimination. (A person cannot be required to answer questions or make statements
  tending to show guilt and have them used against him or her.)

During the adjudicatory hearing in delinquency cases, all charges must be proven beyond a reasonable doubt
before guilt is established. If the judge finds the juvenile to be guilty, the case is usually continued to another day for the judge to make a disposition decision (sentencing). The disposition decision is not always made immediately because the judge may require information about all aspects of the juvenile's background, including prior offenses and personal history, before determining what corrective measures to take with the juvenile. Dispositions in traffic cases, however, are usually made immediately at the end of the adjudicatory hearing.

Adult criminal cases in the Juvenile and Domestic Relations District Court are tried with the same standards and procedures as are applied in misdemeanor (all criminal offenses except felonies) cases in General District Court, where most other adult misdemeanors are tried. Adult criminal cases generally involve offenses committed against juveniles or family members.

There is no jury trial in this court. A case must be transferred or appealed to Circuit Court to obtain a jury trial.

Disposition

The juvenile judge has a wide range of alternatives to choose from in selecting a disposition in cases involving juveniles. The judge's choice depends greatly upon the individual's prior record, social history, physical and mental condition, environmental circumstances at home, the facts and circumstances of the acts for which the individual was convicted, including the seriousness of the offense, and other factors which help the judge determine the best disposition for the juvenile.

If the juvenile is placed on probation under the supervision of a probation counselor, the juvenile and the juvenile's parents must cooperate with the probation counselor and obey the conditions of probation made by the court at the time of disposition. The juvenile's parents may also be ordered by the court to participate in counseling programs or to receive other treatment that the court may prescribe. Parents or guardians violating conditions contained in the court order may be subject to contempt of court charges; probation violations by a juvenile may result in a more severe disposition. A jail term may be imposed only if a juvenile is 14 years old or over, is convicted of committing a felony, and if the interests of the community require such restraint as determined by the judge.

Expungement (Destruction of Court Records)

Records of delinquent juveniles (except for felony and traffic convictions) and CHINS juveniles must be destroyed after the juvenile has reached age 19, or after 5 years have passed since the person's last Juvenile and Domestic Relations District Court hearing: whichever event occurs later. In the case of traffic cases, the record is destroyed after the year in which the juvenile reaches age 29 unless the juvenile later commits a felony after becoming an adult.The records of a proceeding where a juvenile has committed a felony are not destroyed. If a juvenile is found not guilty of a misdemeanor offense, he or she may ask in writing for early destruction of the records.

The right of expungement shall be further explained at the disposition of hearing to juveniles found to be delinquent or to be in need of services.

III. Custody and Support

Custody

Controversies (disputes) over the custody or visitation of a juvenile are usually heard in the Juvenile and Domestic Relations District Court. In cases involving issues of custody or visitation between parents regarding their juvenile, the court will make an order necessary to protect the interests of the juvenile and family.

Where a parent or guardian seeks to be relieved of the custody of any juvenile or where a public or private agency seeks to be given custody of the juvenile, the court shall grant such relief only if suitable placement for the juvenile is available, if the juvenile is in need of such placement and if placement of the juvenile outside his/her present home will not detrimentally affect the juvenile. The court will separate a juvenile from his/her parents or guardians only when the juvenile's welfare is endangered or separation is in the interests of public safety.

Support

Under Virginia law, parents or spouses who fail in their obligations to support and maintain their dependents may be required by the court or the Division of Child Support Enforcement to provide such support. To begin a support case, the person seeking support should contact either the Division of Child Support Enforcement (by calling this toll-free number 1-800-468-8894) or the local court service unit intake officer. An explanation of the options available in seeking support either through the Division of Child Support Enforcement (which may file a petition in court or use other methods) or by personally filing a petition with the intake officer will be explained.

In Juvenile and Domestic Relations District Courts, either a civil support case or a criminal desertion/non-support case may be filed. In a civil case, any spouse or parent found by the court to owe a duty to provide support and maintenance may be ordered to make periodic payments in a manner prescribed by the court and may be required to post a performance bond. In criminal cases, any spouse or parent found by the court to have failed in his/her duty to provide support and maintenance is guilty of a misdemeanor, and is subject to a fine of up to $500 and up to 12 months in jail. Persons failing to make support payments may lose their professional occupational license, or their driver's license. In place of or in addition to paying a fine and/or being sent to jail, a judge may order the spouse or parent to make certain periodic payments in a manner prescribed by the court. The judge may then release the negligent spouse or parent on the condition he/she comply with all conditions of the court's order.

Any person receiving such an order who continues to fail to provide support in the manner ordered by the court, may be jailed or be required to post a bond. The court may (and in some cases must) require that support payments be deducted by the employer from the earnings of the spouse or parent who fails to pay support. Persons summoned to court who fail to appear will also be charged with contempt of court and are subject to immediate arrest; the support hearing will continue in their absence.

IV . Appeals

All parties subject to a court order or judgment may appeal the decision to the Circuit Court. Appeals must be noted with the clerk of the Juvenile and Domestic Relations District Court within 10 days (30 days for support cases tried under the Uniform Interstate Family Support Act) of the court's action by a party to the case or the party's attorney. Cases appealed to the Circuit Court are reheard de novo (completely new, from the beginning.) The juvenile, the Commonwealth's Attorney, or the circuit Court judge may request a trial by jury in the Circuit Court. In hearing cases on appeal from the Juvenile and Domestic Relations District Court, the Circuit Court has the same power and authority as does the Juvenile and Domestic Relations District Court.

Pending an appeal, judgments of the Juvenile and Domestic Relations District Court are suspended in delinquency, local ordinance or adult cases (except support cases, preliminary child protective orders or family abuse protective orders). Bond may be required when court judgments are suspended by appeals. Appeals of support decisions do not suspend the obligation to provide support.

TRAFFIC OFFENSES back to top

TRAFFIC HYPOTHETICAL:

Can a Police Officer Search My Car During a Traffic Stop?

QUESTION:

A cop pulled me over for running a red light and then he searched me and my car. He didn't find anything, but I felt humiliated and violated by the whole thing. Was he allowed to do this?

ANSWER:

Probably not. Even if you had been going 100 miles per hour up a "Do Not Enter" ramp, that wouldn't have given the officer automatic authority to search you or your car. A traffic stop is normally just a traffic stop -- unless you make the officer "reasonably suspect" that you are armed and dangerous or involved in criminal activity. If the officer does see something suspicious, then the law allows him or her to do a "pat-down" search of you and of the passenger compartment of your car. He or she can also "frisk" (feel the outside of) any purses, bags or other things in the car that could hold a weapon. But when the officer starts tearing up your lovely leather (or beat-up vinyl) upholstery, it's time to cry "civil rights violation."

The officer can't set to work on your car just because he has a hunch that you are a Bad Sort. Before he starts searching, he must notice something more tangible, like the scent of marijuana smoke. If you're acting evasively, such as by keeping your hands out of the officer's view, a judge might also conclude that the officer was justified in doing the search.

Unfortunately, there is a loophole here that you could drive several squad cars through. If you let the officer search you or your car, then the search will normally be considered valid -- even if there were no solid reasons behind the officer's request. Many people don't realize that they can refuse a search. As you no doubt know, it's not easy to say "no" to someone who is wearing a gun and scary reflective glasses. But when we don't even know our rights, it becomes that much easier for an authority figure to trample on them.

TRAFFIC:

Fines, License Suspensions and Traffic School

The consequences of a traffic ticket can be serious. Learn when you may face a stiff fine, traffic school, higher insurance premiums or even the suspension of your driver's license.

In every state, only those convicted of the more serious traffic violations -- such as drunk or reckless driving -- face the possibility of going to jail. State laws do not allow a judge to impose a jail sentence for speeding or failure to stop at a signal. Even where laws do give a judge the discretionary power to jail a traffic offender (sometimes a repeat offender), he will very rarely choose to exercise it. But the other consequences of not contesting a ticket, or fighting and being found guilty, can be serious. As you doubtless know, you can face a stiff fine, traffic
school, significantly higher insurance premiums and possibly even the suspension of your driver's license.

Fines
A routine ticket for speeding, failure to yield, or failure to stop at a stop sign will normally cost you between $75 and $300, depending on your state law and sometimes your driving record. If the fine isn't written or printed on the ticket, it's easy to learn the amount by calling the traffic court. States normally have standard fines for particular violations, based on the type of offense. In speeding cases, the fine can be based on how much you exceeded the posted speed limit. Some states can also set the fine based, at least in part, on whether you have other recent violations.

Because it's expensive for the state if you fight your ticket, courts place hurdles in the way of people who insist on a court hearing, while establishing "no muss, no fuss" options to pay your fine (often called "forfeiting bail"). But while paying up may be easy, it can have lasting negative consequences since the violation will appear on your driving record, normally for about three years. The big exception to this rule is if you pay the fine in conjunction with going to traffic school. Completion of traffic school normally means the ticket will not appear on your record.

Insurance Rates

Depending on your state law and your insurance company policies, your auto insurance rates will normally not increase if you receive one ordinary moving violation over three to five years. But two or more moving violations -- or a moving violation combined with an at-fault accident -- during the same time period might result in an increase in your insurance bill. Unfortunately, because insurance companies follow different rules when it comes to raising the rates of policyholders who pay fines or are found guilty of a traffic violation, it's not always easy to know whether it makes sense to fight a ticket.

Before you can make an informed choice as to whether to pay, go to traffic school or fight, it makes sense to find out whether having the ticket on your record will result in your insurance rates being upped. The most direct approach is to call your insurance company and ask. The problem with this approach is that it risks alerting your insurer that you have been ticketed (something you don't want to do if you hope to successfully fight it or go to traffic school). One approach is to call your insurer anonymously and suggest you are considering switching insurance companies and want to gather information on a range of key issues, such as their criteria for good driver discounts and premium increases when covered drivers get ticketed.

License Suspensions

You won't lose your license for one or usually even two tickets for a routine moving violation like speeding, running a stoplight or stop sign, or many other garden-variety traffic scrapes. That is unless you are under 18 years of age, where you could lose your driving privileges in some states.

If you are over 18 years of age and have had at least three previous convictions for moving violations in the past three to five years, you could lose your license (parking violations don't count). If you are charged with drunk, reckless or hit-and-run driving, and have several previous convictions for moving violations, you can be pretty sure your right to continue to hold your license is in jeopardy.

In most states, suspensions are handled on a point system with a license at risk of being pulled if a driver gets three or more tickets in a short period. Check exact rules with your state's Department of Motor Vehicles. Obviously, if you face losing your license, your incentive to fight a ticket goes way up no matter what your chances of winning.

How Point Systems Work

A "point" system assigns a certain number of points for each moving violation. A driver who gets too many points in too short a time loses his license. In some states, points are also assessed for accidents, even if no court has found you to be at fault. While the details vary from state to state, most systems typically work like this:

State A: Each ordinary moving violation counts as a single point, except two points are assessed for speed violations where the speed is greatly in excess of the speed limit. A license is suspended when a driver receives four points in a year, six in two years, or eight in three years.

State B: Two points are assessed for what are classified as minor violations (an illegal turn or slightly exceeding the speed limit), with three, four or five points assigned for more serious violations, like illegally running a stop sign or speeding. A license is suspended if a driver gets 12 points over three years.

No matter what type of point system is used, you are typically entitled to a hearing in front of a Motor Vehicle Bureau hearing officer before your license can be revoked. At that hearing it is often a good idea to explain why at least some of the violations were the result of mistakes by the ticketing officer, but for some good reason you didn't fight the ticket. It also helps to explain the specific steps you've taken to drive more carefully and safely since the violations.

In states that assess points for accidents, this may be your first opportunity to show the accident wasn't your fault, was difficult to avoid or was not part of an ongoing pattern of bad driving. Be prepared to do just that. Also, tell the hearing officers if it is essential that you commute to work or actually drive for your job, particularly if you will lose your job if you lose your license. Finally, if you drive 15,000 miles a year or more, you should mention this as well. Argue that since you drive more than average, your chances of getting tickets or having an accident are also above average.

The Traffic School Option

Almost every state allows a person ticketed for some types of moving violations to attend a 6-to-8 hour course in traffic safety in exchange for having the ticket officially wiped from their record. Often attending traffic school is your best choice, even if you think you have a watertight defense. After all, while a trial is always something of a gamble, traffic school is 100% reliable in keeping the violation off your record. (As long as you remember to set your alarm clock, of course, and make it to the class.)

Policies on allowing you to eliminate a ticket from your record by going to traffic school vary from state to state. (They can also occasionally vary within a state, where local courts have some discretion to set their own policies.) For example, in some states you can attend traffic school once a year, while in others you must wait 18 to 24 months before you can eliminate a new ticket with a new trip to traffic school. And in some states, you aren't eligible for traffic school if you're ticketed for exceeding the speed limit by more than 15 or 20 miles per hour.

Procedures for getting into traffic school also vary from place to place. Most courts allow you to sign up through the court clerk, but a few require that you appear before a judge to make your request. How a traffic school attendee's ticket is handled is also different in different areas. For example, in some states, courts dismiss your case when proof is received that you've completed traffic school. In other states, courts require you to pay your fine (forfeit bail) with the understanding that the conviction will not be placed on your record if you complete traffic school by a prearranged deadline. Under this system you must pay twice -- once for the fine and again for the school. In brief outline, for those who are eligible, the advantages of attending traffic school are as follows:

As long as you show up, it's normally a 100% sure way to keep a violation off your record. It reduces the possibility of your license being lifted or your insurance rates going up if you get new tickets, and If you pay attention, your driving skills may improve. (Or you may be so bored that you will drive more safely to avoid another day in traffic school.) The disadvantages of traffic school include:

It typically lasts six to eight hours. In many areas it is expensive. This is especially true if you are in a state where you must pay for traffic school plus the fine for the ticket. In some states, you can go to traffic school only once every 12 to 18 months. If you can beat this ticket, you can save the school option just in case you get a tougher ticket later on. In some states, erasing a ticket through traffic school may be accomplished while sitting at home. For
example, California is just one of a number of states where traffic courts authorize Internet-based traffic schools (they use tests and other devices to be sure you are paying attention). This trend is almost sure to spread. But be sure to check with the court in your particular area to make sure that an Internet-based program is acceptable. Do not pay any money to the traffic school unless you are sure that the court accepts that particular school's program.