If you have received a Traffic Ticket that you feel you did not deserve, you may wonder whether it is worth your time to go to court or if you should simply pay the fine. Traffic violations are difficult to fight. For this reason, many people who receive traffic tickets do not bother to go to court, even though they believe a court appearance might clear their record of the violation for which they have been cited. You will have to decide for yourself whether you want to take the time to fight a ticket. However, if you are concerned about your driving record and protecting your automobile insurance, or if there are unusual circumstances -- for instance, if you have been given a speeding ticket while rushing someone to the hospital -- you should think over your decision carefully.

First of all, traffic violations are divided into three categories: City ordinance violations, misdemeanors, and felonies. A city ordinance violation -- for example speeding or failure to stop at a stop sign -- is punishable by a fine only but no imprisonment. There is a court trial but no jury trial.

A misdemeanor is punishable by a fine and up to 11 months and 29 days in county workhouse. There will be a jury trial unless it is waived--that is, unless you and the prosecutor do not want a jury to hear the case and are willing to let a judge decide the case.

A felony traffic violation -- vehicular homicide, for instance -- is punishable by a term in state prison. There will be a jury trial unless you and the prosecutor choose to waive it.

Except for city ordinance violations, a person who gets a traffic ticket has the same rights as any accused person. You are entitled to be represented by an attorney if you like and an attorney may be appointed by the court for those who cannot afford one. As to city ordinance violations, you have no right to a jury trial or a court appointed attorney because there is no possibility of your going to jail or prison.

If you cannot afford an attorney, but you still feel that you are innocent of the traffic violation or that there are unusual circumstances in your case, by all means insist on a trial of your case and insist that the prosecutor prove your guilt.

Before you go to court, prepare your case. Check the law you are accused of violating to make certain you understand it. If pictures will help your case, bring them to court. Bring any witnesses, especially people who were in the car with you at the time of the alleged violation.

Make your defense in as clear and simple terms as possible. Avoid legal terms that you do not understand. Just tell your own story the way you see it. The Court is usually very helpful to people without lawyers. Tell the truth and present your case as carefully as you can.

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The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.