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Traffic citations are one of those annoying things you just need to deal with. If you are guilty of the offense, pay your fine. However, if you want to fight your ticket, then you should enter a not guilty plea and prepare for your trial. Remember to hire a traffic ticket attorney if you feel overwhelmed or are unsure about how to prepare for your trial.
Steps
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Ask if you can pay in installments. Most courts will let you pay in monthly installments if you can't afford to pay your entire ticket all at once. To set up an installment plan, stop into traffic court and appear before the judge. Take your citation with you. [1] X Research source
- The citation will tell you which court you should appear at.
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Pay in person. You can stop into the court and pay using a money order, personal check, debit card, or credit card. Look at your ticket to see where you must go to pay. [2] X Research source Make sure to get a receipt for your payment.Advertisement
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Pay by mail instead. Stopping into court might be inconvenient. In that situation, you can pay by mail. You'll need to check the "guilty" box on the ticket. Read the instructions carefully. [3] X Research source
- You can pay through the mail using a check or money order.
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Pay online if that is an option. Some courts might let you pay online. This can be particularly convenient if you want to pay using a debit or credit card but don't want to stop into the court. Check the court's website to see if online payment is an option. [4] X Research source
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Read the code sections you were cited for violating. Before deciding to fight your ticket, you should realistically assess whether you in fact broke the law. Look at your ticket to see what section of the Pennsylvania legal code you allegedly violated. You can read the law online.
- Look to see if the law has any vague terms you can argue about. For example, you might have been cited for reckless driving. [5] X Research source The term “reckless” is open to interpretation. You can argue that your behavior—whatever it was—doesn’t rise to the level of recklessness.
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Enter a not guilty plea. Contact the appropriate court to check how you can enter your plea. Generally, you need to stop into the court in person to enter a not guilty plea, but some courts will let you enter the plea by mail, phone, or online. [6] X Research source
- Avoid delay. You only get 10 days to enter your not guilty plea. If you miss the deadline, then you’ll be guilty.
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Post collateral with the court. You’ll need to pay the traffic ticket fine and any court costs upfront. If you win at trial, the ticket fine will be refunded to you. [7] X Research source However, you won’t get the court costs back.
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Attend a pretrial conference, if necessary. In some courts, you need to attend a conference where you’ll discuss possibly pleading guilty to the traffic charge. In exchange, the prosecutor will offer reduced penalties. You don’t have to accept any plea deal, though you should consider it. [8] X Research source
- If you can’t reach an agreement, then the judge will set a date for your trial.
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Hire a lawyer, if necessary. A traffic ticket lawyer can be a big help. They will know what evidence to collect to bolster your case, and they understand the trial process. However, it might not make financial sense to hire a traffic attorney, especially if the fine is low.
- To find an attorney, contact the Pennsylvania Bar Association’s lawyer referral service at 800-692-7375, Monday through Friday, 8:00 am to 4:30 pm. [9] X Research source
- Also check if you can hire the lawyer for an hour of advice. They might be willing to walk you through the process of going to trial.
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Gather evidence. You’ll need to present proof that you aren’t guilty of the traffic violation. The evidence you use will depend on the circumstances. Consider the following:
- If you were stopped for speeding, you can make several arguments. For example, you might claim the cop pulled over the wrong car.
- You might also argue that the technology used to clock you is error-prone. Look at your ticket and see if VASCAR technology was used. This technology is often wrong.
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Find witnesses. You can also have people testify on your behalf at trial. Get their names and telephone numbers, so you can notify them of the trial date. For example, try to identify any of the following, who will make great witnesses:
- If someone was in the car with you, they can testify about what you did. For example, they can testify you weren’t speeding.
- Another person on the road or on the sidewalk can testify as to how you were driving. A witness like this, who doesn’t know you, is often very persuasive.
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Make an opening statement . If you have a lawyer, they will handle everything for you at trial, including the opening statement. Otherwise, you’ll want to preview for the judge what the evidence will be. A good opening statement shouldn’t be any longer than necessary.
- Avoid making arguments. Instead, you should simply lay out a roadmap of what the evidence will be.
- Use the phrase, “As the evidence will show….” For example, “As the evidence will show, I was going only 44 mph (70.8 km/h). You’ll hear from Alice Joyce, who was a passenger in the car. She will testify that she bent forward to change the radio station and saw the speedometer right before I was pulled over.”
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Cross-examine witnesses. The prosecutor should put on witnesses first. Typically, they will call the officer who pulled you over. You will have a chance to cross-examine them. [10] X Research source Consider what you hope to achieve with cross-examination:
- You might want to ask the cop a series of questions about your car. For example, have them explain the make, model, year, and color. You can also ask the cop what the weather was like or what you were wearing. If the officer makes a mistake, then you can argue later that they couldn’t really see that you were speeding.
- You can also challenge how the cop measured your speed. For example, ask when was the last time they calibrated their speed gun. VASCAR technology should be calibrated every 60 days.
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Present your own case. You get to go second. Call any of your witnesses and ask them questions. You may also testify on your own behalf. If you have a lawyer, they will ask you questions. However, if you are representing yourself, then you will need to give your testimony in the form of a speech.
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Make a closing argument . This is your chance to pull together all of the evidence and explain to the judge how it supports your case. The prosecutor should go first, and you’ll go second. [11] X Research source
- Remember to explain away any negative information that came out. For example, you might have admitted to the cop that you were speeding. On the witness stand, you might have clarified that you misspoke because you were nervous.
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Receive the verdict. The judge should deliver the verdict soon after all evidence has been submitted. If you win, the collateral you posted will be returned to you and your driving record will not be affected.
- If you lose, you can appeal to the Court of Common Pleas. [12] X Research source Ask the court clerk how to appeal.
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Community Q&A
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QuestionWhat should I do if I lost my ticket?Community AnswerCheck your county court's website for a ticket search service. If an online service is not available in your county, call your county court. They can help you from there.
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QuestionIf I misplaced a citation but then found it and paid the fine the day after it was due, what repercussions could I face?Community AnswerIt depends on your state and county. You may face no consequences at all, or you may have to pay a higher fine. Contact whoever issued the citation to be sure.
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QuestionCan I go to court to fight against a citation?Community AnswerOf course. Always plead Not Guilty -- traffic tickets are largely a huge money conveyor belt for the states. Get a lawyer -- lawyers can get you out of most any ticket if you are not a horrible offender.
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Tips
- While the steps in this article can be followed for almost any citation in Pennsylvania, note that most parking tickets are not issued through the courts in the same way as a moving violation. For parking tickets, you should contact the number listed on the ticket, which might be a police department or parking enforcement agency, rather than the court.Thanks
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References
- ↑ https://www.courts.phila.gov/traffic/
- ↑ https://www.dmv.com/pa/pennsylvania/pay-traffic-ticket
- ↑ https://www.dmv.com/pa/pennsylvania/pay-traffic-ticket
- ↑ https://www.dmv.com/pa/pennsylvania/pay-traffic-ticket
- ↑ http://law.justia.com/codes/pennsylvania/2010/title-75/chapter-37/3736/
- ↑ http://www.dmv.org/pa-pennsylvania/fighting-your-traffic-ticket.php
- ↑ http://www.dmv.org/pa-pennsylvania/fighting-your-traffic-ticket.php
- ↑ http://www.dmv.org/pa-pennsylvania/fighting-your-traffic-ticket.php
- ↑ http://www.pabar.org/site/Public/lrsblurb
About This Article
Article Summary
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If you get a traffic citation in Pennsylvania, there are many different ways to pay your fine. You can pay using a money order, personal check, debit card, or credit card. If stopping by the court is too inconvenient, check the “guilty” box on your ticket and read the instructions to pay by mail. For this option, you’ll need to use a check or money order. Another option is to pay online with a debit or credit card, though this option may not always be possible, so check your court’s website to see. Most courts will allow you to pay your fine in monthly installments if you can’t afford to pay the entire ticket in one payment. To set up a payment plan, go to the court that your citation mentions and speak to the judge. To learn how to fight your traffic ticket, keep reading!
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