Traffic Court Instruction

Traffic Court Instruction Sheet

The majority of the people who have traffic tickets go to court unrepresented. This will depend on the type of ticket received and the county in which the court is scheduled. This office strongly cautions against going into court without first consulting an attorney as to your rights and options. Our office will be able to prepare you for what can occur and to advise you in intelligently making a choice concerning your options. (For instance, this office does not suggest that a student represent themselves in matters involving a DWI, Careless and Reckless or a Hit and Run. Please read the following information and then consult this office as to how this information applies to your specific fact situation.

Directions : 3-4-2005

Wake County - Take Hillsborough Street toward downtown; curve to the right onto Morgan Street (you will go past the Irregardless Cafe and Charlie Goodnight's). Go 7 - 8 stoplights; turn right onto Salisbury Street (one way): Third block on the left is the Wake County Courthouse, third block on the right is a parking deck. Park in the Parking Deck. If that is full, turn right at the next traffic light and then turn left at Hale Street and park in that parking deck. Courthouse parking under the Courthouse is reserved for court personnel. Traffic court is on the second floor of the building.

If you have a traffic ticket in another county, see Courthouse directions on the USLS webpage.

Disposition Court: (courtroom 2A) : 3-4-2005

This court is used for routine traffic offenses such as speeding, expired registration or expired inspection stickers. Disposition court meets in Courtroom 2-A. It starts at 7:45 am and goes until 3:30 pm, without a recess for lunch. The busiest times f or Disposition Court is from 7:45 am until 9:30 am and from 2:00 until 3:30 . You may want to avoid the busiest times to avoid a long wait.

Disposition Court runs on a first come, first serve basis. If you go anytime before 10:30 a.m., there will be a sign-up sheet in the lobby with a possible opportunity to meet with an ADA at the information desk, depending on the charge etc. If you arrive after 10:30 a.m. and there is no sign up sheet in the lobby, go directly into the courtroom and sign-up at the sign-up sheet at the end of the aisle way. If there is none, just wait at the end of the aisle way until an Assistant District Attorney (ADA) comes over. If there is a sign-up sheet, the ADA will call your name, you will speak to him/her about your ticket. Please see USLS concerning your options for negotiations. Once you have successfully negotiated with the ADA, your case will be called by the judge for disposition. The judge will usually affirm the plea bargin and direct you to pay any fines and/or court costs that are assessed. The clerk, who is seated by the judge, will give you the cost slip, telling you how much you owe and direct you where you go pay. You can either pay out in the lobby if the payment window is open or you will need to go to the cashier's office on the first floor. You must pay by cash, money order or certified check. Save the receipt. Once you have paid the cashier, you are free to leave.

http://web.co.wake.nc.us/courts/disposition.html
Wake County Clerk of Court

http://web.co.wake.nc.us/courts/citations.html
Wake County Clerk of Court-Citations

http://web.co.wake.nc.us/districtattorney/administrativetrafficcourt.htm
Wake County District Attorney

If you are not in Disposition Court: (courtrooms 2B, C, D) : 3-4-2005

Get to court one-half an hour early if you are in courtrooms 2B, C, D. When you exit the elevator, look on the walls to your right and left to see in which of the other three other courtrooms you will be. The names are listed alphabetically by time. Check your ticket to make sure you are there on the right day and at the right time (either 9:00 a.m. or 2:00 p.m.) You can now check on line for your court date and time. The online schedule will not tell you if you are in courtroom 2B, C, but it will give you the court date, whether or not it is in disposition court and if it is a.m. or p.m., as well as the charge.

http://www1.aoc.state.nc.us/

No Name , Wrong or Missed Court Date: 3-5-2005

If your name does not appear on the list, go down to the Criminal Clerk of Court's Office on the first floor to find out where you are supposed to be. Do not assume that you do not have court because you do not see your name on the list. If your ticket indicates you have court, do not leave the courthouse until court personnel (the D A's Office or the Criminal Clerk's Office) has either dismissed your ticket or rescheduled it. If for some reason you miss your court date, an order for arrest will be issued because of your nonappearance. If that is the case, please contact this office before you proceed further. There is a special procedure for a recently first missed court date and a special procedure and assigned court for older missed court date called VL court.

Courtroom Layout:

The courtroom consists of a series of wooden benches, separated from the front of the courtroom by a railing, along with a jury box, two tables and a judge's bench. Sit in the first wooden bench near the front just behind the railing. Ask someone (a police officer, highway patrol person, or attorney) on the other side of the railing to point out the ADA. In Wake County, the ADA usually comes in early and announces that anyone who is interested in talking to the DA's office about a traffic ticket or a minor accident should line up where they indicate. You then will have several choices to discuss (plea bargain) with the ADA concerning your case, depending on your DMV record and the current charges. See USLS to see what your potions are in your particular case.

OPTIONS:

· Dismissals : It is very rare to have your ticket dismissed by the ADA. Occasionally, when there is an accident and there are no personal injuries, the ADA will dismiss your ticket if you have a letter from your insurance company indicating that the insurance company is accepting responsibility for any damages arising out of that accident. However, in routine traffic cases, the ADA will negotiate with you, but not dismiss your case.

However, if after talking to the ADA, the ADA agrees to voluntarily dismiss your case, you are free to leave the courtroom. There will be no conviction or any fines or court costs assessed.

· Reduced or Changed Charge (Plea Bargain):

If, after talking to the ADA, the ADA reduces or changes your ticket to one of the choices indicated to you by the attorney then do the following.

In nondisposition court, court begins with the ADA reading the list of names (docket) you saw outside on the bulletin board. When you hear your name called answer "Here" and "Open."
After the docket is called alphabetically, the Judge will then begin calling people individually up front, but not in alphabetical order. When you are called up front, go stand between the two tables and face the Judge.
The Judge will then ask how you plead to the new or amended charge (the charge you agreed to when plea-bargaining with the ADA). You will say "guilty."
If you are found guilty or plead guilty to a charge that carries insurance points, you may elect to ask the judge for a "PJC" after you say "guilty." (PJC = Prayer for Judgment Continued.) Receiving a PJC usually means that you will receive no insurance or driving points depending on what is in your record. Please consult with an attorney before electing to use your PJC. In order to not receive any insurance points, you are only entitled to receive 1 PJC per Household (insurance policy) and one every 3 years. Thus, if you are on your parent's insurance policy, there can only be one PJC per family on the insurance policy at the same time.
The judge will let you know whether or not you will receive the PJC. The fine will be stated along with the court costs (currently $100). You will be directed as to where you go pay. You must bring cash, money order or certified bank check. You are free to leave after paying. Again, save your receipt.

· No Plea Bargain

If the ADA refuses to dismiss, reduce or change your ticket, then you have the following options:

Continuance -Tell the ADA, politely, that you are going to request a continuance from the judge to consult an attorney. You will likely receive a continuance if you have not had one in the case before. Do not leave the courtroom until talking with the Judge unless you are in disposition court. If the ADA tells you to leave, you can do so when in Disposition Court . Otherwise, when you hear your name called, say "Here" and then "continuance" and then wait for the judge to call you up front and give you your new court date. Write it down. You will get no further notice from the court concerning the date and time to appear next. You are then free to leave. No costs are accessed at that time. Come back to this office to go over your options.
Not Guilty - You always have the right to tell your story to the judge if the ADA will not plea-bargain with you. However, it is not recommended that you plead "not guilty" without having an attorney. Remember that the ADA is an experienced attorney. Thus, you will be representing yourself against a seasoned lawyer who tries traffic cases for a living. If you elect to plead "not guilty", when you hear your name called, just say "Here" and then "not guilty" and wait to be called up front. If you are in courtroom 2A, your case will be continued and placed in one of the other courtrooms so that the next time you come to court, the police officer who issued the ticket will be there to testify. If you are already in courtroom 2B, C, D, yours will be one of the last cases tried either than morning or that afternoon. When you are called up front, sit at the empty table. The ADA will be at the other table. The ADA will present their evidence first by questioning the police officer. After the ADA is finished questioning the police officer, you are allowed to cross-examine (question) the officer. When you are done cross-examining the police officer, you will then have an opportunity to testify and present witnesses or other evidence (pictures, diagrams, etc.) on behalf of your case. The ADA can also cross-examine you and your witnesses as each of you finish testifying. The judge then makes his/her decision. Ask for a PJC if you are found guilty.
Guilty - Not usually suggested. Be aware that paying off your ticket prior to court is pleading guilty. See this office prior to doing that.

· Appeal:

You have 10 consecutive days from the day of court (The 10 day period includes the day of court) to file written notice of appeal with the Clerk of Court's Office and to pay the cost for Superior Court (currently $125.00) where you will have a jury trial. Come to this office prior to the expiration of the 10 days so that this option can be explored fully with you.

This is general information about Traffic court and is not intended to be a substitute for legal advice as it relates to your particular situation. Consult with our office to discuss how your particular facts relate to the law.