I know the obvious of being polite and respectful. do I show up early like an airport? Do I just show the guard my ticket? Anything I should know or be aware of?
Dress as well as you can, be on time or a little early, don’t piss off the judge.
Be honest.
if you’re wanting to talk to somebody before hand… they should have a public defender you can speak to. Bring relevant paperwork.
Be prepared for the public defender to ask you two questions then shun you the rest of the day while they tend to their other 30 clients that day
Do I need a public defender? I didn’t intentionally do anything wrong I just didn’t know my license was expired? I’ve got a clean record it was just a mistake.
Probably not. By the sounds of it, it’s “just” traffic court… You’ll be herded into a courtroom with a couple dozen others, and each of you will be called in turn to speak to the judge. Kinda like a pop quiz. You’ll be told your charge and be asked a few questions. If you’re polite and genuine you’ll likely get off easy, since people LOVE to fight back and dig their hole deeper.
Back in high school I was in a similar situation, and basically got it completely dismissed because I was young and it was my first ever infraction.
IANAL
Yeah,.even ignoring the joke comments that are funny, alot of people are saying I should fight. I doubt that would be a good idea. It was an honest mistake and I’ve got a clean record. I think being honest is my best bet.
Traffic court, while yes it’s a court of law, is a bit more relaxed. Judges have far more leeway and they have a long docket.
You’re not the only one being seen and the judge wants to go home on time.
Be honest, courteous. In the rare event that the police officer starts saying things that are completely egregious, plead the fifth and ask for a continuance. Tell the judge that these facts are new to you and you’ll need time to assert a defense.
The judge may ask what you thought the charges were. Say something along the lines of, “Without waiving my fifth amendment right to self incrimination, my understanding is that I’m being charged for driving with an expired license.”
But this should be rare. Judges don’t like surprises either.
Again, remember that this is traffic court. Everyone is busy. If you’re a dick, they won’t have patience for you.
I went to court for a traffic ticket and the cop didn’t show up, so I didn’t get charged with anything. Poof, gone. Just be honest and courteous and you’ll be as fine as you can be given the situation.
depends on your state but generally fighting will cost you a lot oi time and you lose anyway - then the judge mad at the waste of time throws the max fine or even jail at you. Just plead guilty pay the $50 fine and move on - it probably will be that cheap.
if you didn’t go to jail, not that big of a deal. get it fixed, go to court and explain. mistakes happen, you didn’t run anyone over. you might get a fine, shit happens.
it’s public too, go to your local court during traffic court, you can sit in. usually early morning, listen to other cases and see how it works, then you’ll have a better idea.
get it fixed
I’ve heard of people having luck going in with their renewed license. I can’t attest to it personally, and of course your mileage may vary
this is what I’d do. especially if it was an honest mistake, fix it, show you’re not a problem, move on.
When I used to work in a prosecutor’s office, in a situation like this where the person has a clean record and comes in for an expired license, as long as you renewed the license before your court date, we would just dismiss the charges as long as you’re respectful of the court and the process. Dress well. If court opens at 9:00 a.m., get there at 8:30 a.m.
You will see defense attorneys milling about. You could ask one of them where to go to talk to a prosecutor. Usually prosecutors would start calling cases at 8:30 a.m. to make deals and see what defenses people are going to raise before the judge began calling the docket.
Just talk about how squeaky clean your record is and how you didn’t know your license was expired, how you went and got it renewed as soon as you found out, and you’d appreciate it if they’d dropped on your promise never to meet again.
I assume this is not for a trial appearance. This is a preliminary proceeding. Procedure may be completely different in your state.
I am not your lawyer.
Dude it’s your first offense. Just go in there dressed nice, when asked, plead guilty with a request for leniency while being completely honest. They will most likely give you a slap on the wrist and make you pay for the court fees. That’s it.
In most traffic courts, you don’t really need a lawyer unless it’s a serious and/or criminal offense.
You might not even get a public defender. Is an expired license at the same level as a speeding ticket in your area? If so, your government might only assign public defenders to ‘criminal’ charges with potential jail times. Just be aware of that before you start desperately trying to find one that doesn’t ‘exist.’
I’ve not known traffic court to use attorneys but your jurisdiction may vary
I’d still take one if that’s an option. A lawyer isn’t just somebody to defend you. They’re the ones best suited to guide you through the legal process.
You want the court to know it was a mistake? Ok, here’s how we argue that in such a way that it’s not admitting fault for some other legal aspect you need to be mindful of. And here’s a point we can make to see if they’ll change it to this other violation that has less of a penalty or doesn’t result in large premium increases with your insurance.
That’s something to consider. I just don’t want to seem like I’m being difficult to the judge.
If you know a lawer ask, but odds are they wilh say you are better off without them for something this small.
Having representation isn’t difficult. And actually helps streamline the process for the court.
You’re not walking in there with high power lawyers after arguing for weeks about various things.
If there’s a PD you can listen to them and follow their advice. They’re so overworked it won’t be as effective as having your own but will still be better than none.
Don’t know where you are from but at least in 🦅 country you have a right to counsel. Thats works out to usually being assigned counsel (public defender) as soon as possible in the interest of justice. For a standard ticket you will probably have this settled within two court dates, your fees and other associated charges may not be so nice.
You only have that right when it’s a charge with a certain amount of weight, like prison time or a felony.
Any “Serious crime” which the SCOTUS delineated long ago as anything where you may face more than 6 months incarceration which lines up with just about anything.
Oh you’d be surprised what they’ve stuck under it. For example there’s a whole cottage industry in sending people to prison for being unable to pay debt. Said debt was incurred on a misdemeanor with no prison time so there was no lawyer and the debtor’s prison isn’t a trial so there’s still no lawyer.
If you haven’t already renewed your license, do not drive yourself to court. I know that probably sounds obvious, but people still manage to get in trouble doing that. I’d actually recommend taking an Uber or something if your license is still expired; you can get a ride from a friend, but an Uber will at least give you a receipt that you can present to the court in case it gets brought up (and they will ask “How did you get here today?” if you’re still expired).
I thought of that. I saw the viral video with that dude driving during his video court.
I was going to walk. It’s a small town and I walk a lot as a hobby anyway.
Since I realized my license was expired I’ve been walking to work and to the store. Again it’s a very small town and I can walk just about everywhere.
However if they are going to ask I might want some proof…no can’t afford an Uber right now but maybe I could take some pictures of my walk? Or take the bus just to have a bus ticket?
They won’t ask you to prove that you didn’t drive to court.
They will ask how you got there. Don’t lie if they catch you in a lie that is bad. Walking is fine tell them they can send an officer to verify your car is at home. Move it to the driveway if in a garrage - don’t move it off you property though. They probably won’t check but make it easy if they do check.
You can offer that your car is not parked in the parking lot. No one will check but if there are cameras they have the option of checking later.
He lives in a small town. Odds are much higher they check.
Ever underestimate a hired cop. At least it’s not a warrant Wednesday.
However if they are going to ask I might want some proof…no can’t afford an Uber right now but maybe I could take some pictures of my walk? Or take the bus just to have a bus ticket?
Film your entire walk to court
Proving that you did something wrong is on them. If you walk, they’ll see that you arrived on foot and that’s good enough. (They’ll have all the lot entrances with plate reading cameras, so they can tell if you’re driving.)
It’s sufficient to just walk, they won’t be able to prove that you drove in since, well, you didn’t.
But, eh, bored cops might like to double check. You might be able to finagle a lift home if they do.
Where I live, phones and cameras aren’t allowed in magistrate court.
The burden of proof is on them. IANAL, but I would advise against trying to prove anything. If you want to argue against something then the burden of proof is on them and they don’t have it, so just shut up and sit quietly and respectfully.
We have no clue where you are so we can’t give any good advice. For all we know you live in Elbonia and driving without a license gets you the guillotine.
But
Show up ~30 minutes early, there will likely be metal detectors and a line at them. If you are in line be ready when you get up front, if you need to empty your pockets do that before you are at the detector. This makes it faster for everyone.
Showing up early will also give you time to find your courtroom in the building. It also will let you watch the court for a few minutes before your time to shine.
Turn your phone off. Court house rules might require you leave it outside.
Dress appropriately, a polo should be fine. Any collared shirt tucked in with pants and closed toed shoes will show you put some effort into dressing yourself. No hats unless you’ve got to for your religion.
It’s the judge’s courtroom don’t interrupt them. Don’t lie. And being on your best behavior starts the moment you step onto the lot not when you enter the room, be polite to court staff as well.
Read the ticket front and back for specific instructions. Check the court website to see if there’s any announcements that you should be aware of (like local rules).
Don’t listen to other people’s advice on how you should plead. We don’t know the facts of your case. Most people here aren’t lawyers. Nothing here is legal advice.
We have no clue where you are so we can’t give any good advice. For all we know you live in Elbonia and driving without a license gets you the guillotine.
Rule no.1 on the internet: If they don’t tell you their country of origin, its the US
“the US” doesn’t narrow it down much. I kinda assumed that much. What really matters if which one of the 50+ legal systems in the US he is subject to. And which courthouse he is going to.
This is going to 100% be a state law matter, unless he lives somewhere like D.C. or Puerto Rico which aren’t states but fall under federal jurisdiction.
It’s Florida. Titusville.
And the courthouse was closed when I went there today because of the hurricane. Guess they don’t have power yet.
The clerks office is closed too, and the website hasn’t been updated and still says my court date is today.
I even tried calling the non-emergancy police number and they don’t know. They told me to call the clerk on Monday. Which will be fine unless my court date is rescheduled for Monday at 9am when they open.
Did you try calling the clerk’s office? They might have an automated message with info about closures due to the hurricane. And generally if they open to the public at 9, the clerks and other staff will be there earlier, so you can try calling at like 8 or something. When I had jury duty, we were told to show up a full two hours before the court actually “opened” so they could do orientation stuff with us.
Monday is a holiday in Florida. It’s likely the court will be closed
Less true on Lemmy, but still a fair assumption.
Best behavior is subjective. Talking less is usually smart, but some people mistakenly believe it’s good behavior.
(Which is to say, the above comment has good advice, but it’s not universally reliable. Use your own judgment or pay a lawyer if your judgment sucks.)
Tell the judge you’re a sovereign citizen and he has no authority over you. If they try to touch you, just call “help! I’m being kidnapped!”
To be super clear: this is a joke answer, NEVER do this.
But if you do anyway, please record it.
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And Lols. And worthless Internet points.
I’m a bit late, but I used to testify in DUI cases and have sat through many court sessions.
First, you didn’t commit a crime, you made an oopsie. Don’t stress out too much, a lot of people just don’t show up, you’re a light in the dark for just showing up.
Wear nice clothes, put together the best you can with what you have, don’t go buy a suit for traffic court. Slacks and a collared shirt (no visible holes or worn spots) is typically enough, especially if you’re living paycheck to paycheck. Save your money for fixing the situation, not looking nice. Looking nice does help and shows respect to the court (judge) but trying to fix things on your own without them intervening makes you look even better.
Explain that you made a mistake and accidentally let it lapse. Talk to the public defender if you can. They are overloaded with cases but will help, court proceedings and the language they can use is confusing.
Try to make amends now, renew your license, sign up for whatever you need to sign up for, if you can’t afford to renew let the judge know that you’re walking/biking/bussing to work until you can afford to renew/sign up/etc. Ask the court for mercy since you have a clean record to the best of your knowledge and are already taking steps to remedy the situation.
Be very nice, the judge is the law in their courtroom, the only person with more power is the court stenographer because they get to correct the judge.
Bring receipts or any proof that you have of what you’re doing.
As many have said DO NOT DRIVE YOURSELF TO COURT.
Don’t argue with the court or the judge, keep your personal comments to yourself. If you disagree with the ruling, keep your mouth shut about it, thank the judge regardless of the outcome.
A lot of “turn the other cheek” applies here. Anything less and you will be held in contempt of court and it will make things worse.
Listen carefully, speak when it’s your turn to speak, don’t talk over anyone, especially the judge.
Beyond that, be honest, and don’t conceal the truth. Do everything you can to be a good participant in the system. Arrive early and if you can, watch what others do and learn from their actions. What they do, what they say, and especially what not to say or do.
You’ll be fine at the end of the day.
Also renew your damn license ASAP. Don’t drive the vehicle that got the infraction (duh), and if possible, get a ride to the courthouse and back again, whether that’s a friend, a taxi, an Uber/Lyft, it doesn’t matter. If the judge decides to put you in jail (unlikely, but possible) you don’t have to worry about your vehicle being towed or something, and you won’t get additional fines as you travel there.
All the best OP. You got this.
Renew your license today. Going in with your license renewed will help.
Two final things: If you do accidentally speak over the judge apologize and admit your mistake.
On that same vein, be honest, especially with simple responses. We hear mostly about the bad judges in the system. Reality is most are fine and will treat you fairly, if you treat them and the court with respect.
Don’t wear a hat. Judges HATE hats.
Idk what hats ever did but they’re automatically guilty in a court room.
This actually stems from long forgotten common courtesy to remove a hat when entering someone’s home or place of business.
https://bestlifeonline.com/rude-to-wear-a-hat-indoors/
It’s an ancient custom dating back to the days of knights, and generally courteous when visiting some one new or entering any professional establishment.
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Or just wear your work clothes because you work for a living. That’s better than trying to get dressed up to look better.
Did you fix the problem? If so, just show that you fixed it and they will probably drop it.
If you haven’t fixed the problem, be prepared to explain yourself.
In any case, be prepared to deal with the fine immediately. Even if you have to use credit. Judges never want to hear that you cannot pay a fine same day.
As far as the logistics: There will be a docket posted. Probably electronic, on TV panels. Find your name and it will show you your courtroom. Go there and check in with the clerk. Ask them what to do, it’s probably, “just have a seat and wait your turn.”
GL, it’s not a big deal for something like an expired license.
There’s no way I can deal with the fime immediately. That’s kind of information is exactly what I was asking about…
I live paycheck to paycheck. I don’t get paid again until next week.
They really expect people to pay the unknown fine immediately?
Yes they do. It’s not a show stopper if you can’t pay, just be honest. “No sir/ma’am, I cannot pay that today as I live paycheck to paycheck. May I set up a payment plan with the clerk?”
Judges see it all the time and really since you don’t have any actual charges there’s nothing they can or will do to you.
Yes, but if you are really that bad off state ‘i missed the notice because I am housing insicure. I have little money after rent so I ask the court to show mercy’. A lawyer can word that better but something like that. If this is a first offense they may let you off with a warning.
I wouldn’t say you’re housing insecure unless that’s true.
He implied it was true. For sure don’t lie or even give an appearance of a lie.
You can ask for reduced fines and a payment plan. Take proof of income if you have it.
I don’t think that’s what they expect, but my impression is from a traffic court YouTube video. You can probably tell the judge that you will pay it by the end of the week at least.
I have been assigned public service for the same offense when I could not pay my fine. I worked at a food shelter for a couple of days (sorting donations, packing bags with cans, etc) and was good. You may ask the judge or public defender if that’s an option.
Leave your weed in the car. Get a ride to court if you’re not doing zoom court.
Also, if it’s zoom court don’t drive while your zoom court session is going on… seems like it would be obvious, but someone literally did that a few months ago.
Well that guy wasn’t actually banned from driving if I recall, it was all a mix up and not his doing.
Still, better to air on the side of caution.
My state doesn’t allow operating a phone in a moving car regardless.
Even hands free?
Not sure what state this dude was in but he was on hands free. Which in essence is no different than talking to someone in the car, although zoom is different as you might be tempted to look at the video feed.
Psst, it’s “err”, not “air”. Pronounced the same.
Haha boneappletea. TIL.
Same root as “error”. It was an error. You erred.
I’m happy to make the mistake here otherwise I wouldn’t have learnt something new.
It’s simple really. Be honest and reasonable to the judge, and they will likely be reasonable back especially if this is a first offense. Give only as much information as requested, though, never offer information unless you’re certain it won’t be used against you.
never offer information unless you’re certain it won’t be used against you.
Anything you say can and will be used against you in a court of law.
Offer only as much information as is necessary, even if you’re sure it won’t be used against you.
Special emphasis on against. Theirs no “in favor” there. They have the burden of proof and you can’t really defend yourself out of it, only poke holes in their argument (which you almost certainly aren’t going to be able to do if they present any, so mostly just shut the fuck up). Admit the license was expired, because that’s not in question. Don’t admit really anything else that may be important, but be respectful and honest.
It’s a bit late now, but you should have immediately renewed your license after receiving the ticket. Your best defense would have been “I forgot, but I have already renewed it”. Since you didn’t do that, and you don’t have an attorney, and court is tomorrow, I’d just be honest, and let them know that you will go from the courthouse immediately to the DMV, or DoL, or whatever it’s called where you live, and renew it. Hopefully they don’t suspend your license for driving without a license. Other than that, get there on time, dress nice, comb your hair, don’t be intoxicated, or on any drugs, and refer to the judge as Your Honor. Good luck.
Be humble, apologetic and polite. Explain the facts, don’t offer opinions.
If it was me, I would go in, dressed smart casual, be on time, polite, own up to the issue, say sorry I forgot to get it renewed and I hadn’t realized it needed doing, inform the judge of any mitigating circumstances that might have distracted you and ask that because it’s your first offence if they could be lenient as there were no other aggravating factors (speeding, drunk, crashed car with injuries rtc).
Was the car or truck in pretty good condition ?. It’s what I’d try if all indications are you are an otherwise legal and safe driver. I’m not asking for you to answer to me, but they seem relevant to a judge. I hope things work out ok for you.
The only other thing I could think of is if someone could be a character witness but the court might not want to hear them.
Maybe you have a good reason to ask for the fine to be waived if you have sick kids etc, or have been saving for a worthwhile cause and this would be a major setback or a penalty like losing your license would make you unable to work or look after kids.
If you are pleasant and don’t make things harder then they might have discretion to adjust the penalty and decide to do so. But the law might also be written so the judge has no say in the penalty or a minimum penalty is required.
I know of some drivers over here if they have an established safe driving record they can write and ask for a speeding fine to be reviewed and possibly waived (if it was just a few kms over, cant see it work gor 30km/h+ over).
I think there’s also been a few cases where people who would otherwise have their license suspended over here get an exemption for work etc.
Maybe you have a good reason to ask for the fine to be waived if you have sick kids etc, or have been saving for a worthwhile cause and this would be a major setback or a penalty like losing your license would make you unable to work or look after kids.
Judge waived a ticket for me because it would have made me unable to work.
Also, to be fair it was a bullshit ticket. Raining, slick road, spun out, solo accident. Doing the speed limit, not distracted or intoxicated. But county laws say that every accident gets a ticket for negligent driving, regardless of circumstances.
Go to the dmv asap to get the license, ideally before court. If you get it done, show your new license to the court and they will dismiss your case, (hopefully)
It might be too late, but if you have your license renewed tell that to the judge. They will ask you how do you plead, I wouldn’t try to pull any shit with the not guilty plea. Just say you plead guilty, it was a mistake, and you renewed it immediately.
I had my state inspection expire and it was dismissed by the judge. Just dress nice, be respectful, and tell them it happened and you fixed it ASAP. You will still have to pay a court fee, so you won’t get out of jail free, but not having points on your license is worth it.
At the end of the day, most judges just want to see that there wasn’t a nefarious reason you didn’t have a valid drivers license. If you were able to renew it, no harm no foul.
I haven’t renewed my license yet. In my state I have to take the written test again so two appointments at the DMV
Im also in retail management so between COVID call outs, holiday roll outs, and a hurricane… I haven’t had a day off in months.
I personally would schedule something even if i know i cant make it so i can tell whoever i talk to that i have it all scheduled.
it won’t look great if you’re taking no action toward correcting the issue.
That’s a bummer. I would have a plan for how to get to the courthouse without personally driving, otherwise the judge might take offense with how you arrived there illegally and do something more drastic.
