If I want to "fight" the ticket, what do I do?
  • First, “appear” as explained above, which is filing a response of “not responsible,” thus asking for a hearing. 
  • Then at the hearing, appear in person (possibly with an attorney) to cross-examine the officer and/or put on your own defense.   Bring to the hearing any and all evidence/testimony that you want the judge to hear in your case. 

If you need a subpoena to get your witness into court, apply to the court to have the subpoena issued and served.  Remember, your case is your responsible; take action to present a good defense.  You may both appear and defend, or you may have an attorney appear for you. No other party can represent you.

At the hearing, the officer’s burden is to show by a “preponderance of the evidence” that you committed the offense.  Sometimes, that is described as a 51% rule, that you committed the offense.  For anything less than this levels, the court will enter a dismissal of the charges.  If the officer does not appear, your case will also get dismissed.  But if it is you that doesn’t appear, the finding usually goes to the state and against you. Be sure to attend the hearing.

Show All Answers

1. I have a citation. What do I do next?
2. When is my court date?
3. What if I can’t appear on my court date?
4. What if I don’t appear?
5. How do I request a hearing to challenge my ticket?
6. What happens at the civil traffic hearing?
7. Can I get the citation dismissed?
8. How much is my fine?
9. What happens if I don’t pay?
10. What if I can’t pay my fine in full?
11. How can I pay my fine?
12. Where can I mail my payment?
13. Payments, and Non-Payment Sanctions
14. I am too busy to go to court. Can I use the MAIL or the INTERNET?
15. What does the law say about my violation?
16. What does this do to my driving record?
17. Can I talk to the judge?
18. If I want to "fight" the ticket, what do I do?
19. Can I attend Defensive Driving School (DDS)?
20. Criminal Charge - What happens at my first appearance?