Traffic Court is Still Court.... Maybe You Do Need a Lawyer

Wed, 16 Apr 2008 22:58:41 GMT

For some minor infractions such as a minor speeding ticket, running a stop sign or making an illegal turn, most people do not hire an attorney (though one may be able to help you reduce the charges). If the penalty is only going to be around $100 - $200 and a point or two on your license, for most people the expense of hiring an attorney generally outweighs the cost of the penalty even if you are found not guilty. But where is the line between hiring an attorney and going it alone?

Traffic Court has Serious Consequences

For serious traffic offenses an attorney may be a wise investment. Receiving a citation for serious traffic offenses may not only result in a large fine and points on your license, but may also result in a suspension of your license. What is the monetary value to you of not being able to drive for 30, 60 or even 90 days? Would you pay $1,000 to $3,000 to an attorney if they help you keep your license?

Let’s face it. A non-lawyer is rarely equipped to defend themselves in court against even the most minor of traffic offenses. For more serious offenses the need for a lawyer is even greater.

Rules of Procedure

Because there will not be a prosecuting attorney in most traffic cases the officer will not be asked direct questions, but instead, will likely tell the judge a story about what happened. If you do not object during the officer’s testimony the officer may tell the judge whatever he wants. If the officer knows that you have an attorney do you think he may testify differently than if you did not have one?

All testimony must follow your jurisdiction’s rules of evidence. Your attorney would force the officer to follow the rules. Your attorney will object to statements that should not be allowed, and effectively cross-examine the officer. If you represent yourself you are given the opportunity to cross-examine the officer as well, but how well do you think you will do? Will you know what questions to ask, will you know how to ask them? If you do not ask the question in the correct manner the judge may not even allow the officer to answer it.

More than just Defending you

Even if the facts of your case make for a sure conviction hiring an attorney for the sole purpose of helping with the sentence may be a wise investment. Your attorney will be in a better position through their experience to help you negotiate a lighter sentence by pleading guilty if you choose to. They likely know what most other defendants receive for pleading guilty to the same offense.

If you do not plead guilty and are convicted your attorney will also be in a better position to advocate for a sentence in your best interests with the judge. After you are sentenced you may not even realize until later the true extent of the sentence. If your license is suspended did you know that you could have possibly been allowed to drive to and from work? If having your license is more valuable than a higher fine could you have asked for a higher fine in return for keeping your license?

Serious driving offenses carry serious penalties. Though you may scoff at having to hire an attorney for “traffic court” it may be in your best interest. There are many attorneys who specialize in traffic court. Walking into court with an experienced one may make a lot of difference.

For more information on traffic court, contact a traffic/motor vehicles attorney today.

My local car dealership just closed. What can I do about my cars warranty? What if the automaker shuts down altogether? What are my rights?

Tue, 26 May 2009 03:11:32 GMT

With a record number of car dealership closings in the last year, you may be wondering what you will do if your local car dealership closes, or what if the auto company that manufactured your car fails. How will you have warranty work done on your vehicle?

The short answer is that it may be impossible for you to get warranty service, or any manufacturer-based service, done locally. Automakers are quick to point out that you will still be able to have warranty work done on your vehicle at another certified dealership in your area, which will honor any warranties that you received at the time that you purchased the vehicle. In a larger urban area, another dealership is usually located relatively nearby. But in rural areas of the country, you may be faced with long travel distances to the affiliated dealership that is closest to your location, which can result in a major inconvenience for you and your family. As other automakers’ dealerships won’t honor your warranty, you may have no choice but to travel the distance to the nearest dealership that is affiliated with your vehicle’s manufacturer, forego the warranty work altogether, and/or pay for any service to your vehicle yourself.

Furthermore, while most dealerships of any automaker can handle routine maintenance and repairs such as oil changes, tire rotations, etc., more complex repairs with your vehicle may be more problematic. If it is necessary to run an electronic diagnostic test on your Chrysler Jeep, for instance, a Honda dealership probably won’t be able to do that for you. On other hand, there are some independent mechanics and repair shops that may have the capability to perform repairs that are more specific to the brand of your vehicle, so long as you are willing to pay for it.

You should also be cautious about continuing to have warranty work done on your vehicle at a local dealership that is soon to close. For instance, Chrysler has announced that it will not honor any warranty work done after a certain date – June 9, 2009 - at a local dealership that is scheduled to close.

Given the continuing recession and its effects on domestic automakers, you might be wondering whether you should sell your domestic vehicle and opt for a foreign-made vehicle. However, it is clear that even if the automaker that manufactured your car goes out of business, you will still have some rights under your car’s warranty. Due to recent announcements about the financial decline and bankruptcy proceedings for major automakers such as Chrysler, the United States government has pledged that it will guarantee any warranties on new vehicles purchased during any restructuring periods, even if the automaker eventually goes out of business. The value of your vehicle may drop quite drastically if the anticipated financial collapse does occur, but you should still be able to have warranty work done on vehicles from major automakers like GM and Chrysler.

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Traffic Court is Still Court.... Maybe You Do Need a Lawyer

My local car dealership just closed. What can I do about my cars warranty? What if the automaker shuts down altogether? What are my rights?

My local car dealership just closed. What can I do about my cars warranty? What if the automaker shuts down altogether? What are my rights?