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The information on this site does not modify any insurance policy terms in any way. Every driver dreads being pulled over by the police and handed a citation for a traffic violation. Whether or not you have had this experience, it is always wise to know what to do when you get a citation and how this affects your driving record and auto insurance cost.
What is a citation? It is a written record of something you did wrong while operating your vehicle or while it is parked. There is no difference between a citation and a ticket. In both cases, this is a written document typically issued by a police officer. In some cases, a speeding camera may notify the police if you were not obeying traffic laws and a citation may be issued.
When you get a ticket or citation, you will generally have to pay a fine and could even face a court appearance or jail time, depending on the severity of the offense. A traffic citation, also called an auto citation or a ticket, is a written notice that you receive from a law enforcement officer.
The citation explains what you did wrong, whether it was speeding, disregarding a stop sign or another violation. Basically, you get a traffic citation when you are caught disobeying traffic laws. In some cases, an attorney can appear on your behalf without the need for you to appear in court personally. Some serious offenses, such as driving while impaired, require your license to be suspended regardless of your prior record.
If you are found guilty or responsible for a traffic offense, this could affect your automobile insurance rates. This depends on your county. Traffic tickets in North Carolina are handled by a prosecutor, and trials and pleas of guilty or responsible are heard by a district court judge. Larger counties typically have a dedicated traffic court, and if you choose to represent yourself, you will generally have the opportunity to speak to a prosecutor also known as an assistant district attorney, or ADA about the possibility of a reduced charge.
In smaller counties, traffic tickets are often handled in criminal court alongside misdemeanor cases. Hundreds of traffic cases may be scheduled for the same court session, so you should come to court prepared to wait for several hours. In some counties, arriving to traffic court early can put you at the front of the line. In other counties, cases are called based on case number, which depends on the date you received the ticket. You can contact the clerk of court in your county or an attorney to learn more about what to expect.
You have the right to hire an attorney for any traffic violation, but are not required to do so. An attorney can advise you on the consequences of a ticket in your situation, negotiate with the prosecutor on your behalf, and represent you in a hearing if needed.
In some traffic cases, an attorney may appear on your behalf in traffic court, and you will not be required to attend. If you choose to represent yourself, the court will expect you to follow the same rules of evidence and procedure as a licensed attorney.
Court officials like judges and clerks of court cannot help you with your case, such as by giving you legal advice about your rights and obligations, possible defenses, or the likely outcome of your case, or by helping you question witnesses properly at trial. Traffic cases often are resolved without a full trial. However, you have the right to a trial if you choose to request one.
Your attorney can assist you in making this request, or if you do not have an attorney, you can file it yourself with the clerk of court.
You should bring proof of your reason for missing court. If the judge chooses to strike your Failure to Appear, the judge can also cancel the failure to appear fee and any bond forfeiture. There is no guarantee that you will receive a continuance, so you should be prepared to handle the case on your court date.
No, you cannot have a conversation with the judge about the facts of your case. Neither you, your attorney, nor the prosecutor can talk to the judge about your case unless all parties are present. If you choose to have a trial, you can present your case to the judge during the trial. You can talk to the prosecutor about your case if you do not have an attorney representing you. If you have an attorney, the prosecutor is not allowed to speak to you without your attorney present, so your attorney will talk to the prosecutor for you.
The prosecutor represents the other side of your case and therefore cannot give you legal advice and can use your statements against you. Deferral and reduction options vary from district to district. You can consult an attorney about the options in your county, or discuss this with the prosecutor in court. As explained above, there also may be online options for having your charge dismissed or reduced.
A judge can grant a PJC instead of imposing a fine, though you will still be required to pay court costs. An attorney can advise you about whether requesting a PJC may be beneficial in your case. Jury trials are not available in District Court, where misdemeanor and infraction traffic tickets are initially heard.
More serious traffic tickets are charged as misdemeanors, which can be appealed to Superior Court for a jury trial or for a trial before a judge if you waive your right to a jury trial if you are found guilty after a trial before a judge in District Court. If you are convicted of a misdemeanor traffic ticket in District Court, you can appeal for a new trial in Superior Court. If you are convicted in Superior Court, you can appeal to the Court of Appeals.
For more information on appeals, see the Criminal Cases Help Topic. Whether or not an offense is a crime or infraction depends on the statute law that was violated. You could look up the statute, or you can consult an attorney if the statute is not clear.
However, one quick way to tell what kind of offense was charged is to look at the case number on your citation ticket , warrant, or other charging document. Our opinions are our own. Here is a list of our partners and here's how we make money. Nobody wants to get a speeding ticket, and for good reason. Affect your driving record , possibly resulting in suspension of your license. Cost more money long term: After a ticket, your car insurance rates can rise by hundreds of dollars per year.
Ask which method the officer used to determine you were speeding and write it down afterward. Say as little as possible. Anything you say can be used against you if you go to court. Afterward, write down everything about the incident, including the time of day, location and anything that might have affected the circumstances, such as obscured or missing speed limit signs.
You can then choose to fight the ticket in court, negotiate a lesser penalty or pay the speeding ticket and accept the ding to your driving record and the higher insurance premiums likely to result.
Besides paying the initial fee, after a ticket, your car insurance rates can rise by hundreds of dollars per year.
Even if you think the ticket is unjustified, speeding violations are hard to beat. If you ask for a hearing, plan to make your case and be questioned before a judge.
Check the ticket to find out whether a state, county or local officer issued it and search online for traffic procedures in that jurisdiction. Delay the hearing. This will give you more time to build your case.
Gather evidence. Evidence could include dashcam video or GPS data from a smartphone app, or photographic evidence that a speed limit sign was obscured.
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