Editing Traffic ticket (section)

===Contesting a ticket===
If the motorist wishes to contest a traffic infraction, a hearing can be set by the court upon proper request.<ref>See, e.g., {{cite web|title=Traffic & Ticket Basics|url=http://www.courts.ca.gov/8452.htm|website=California Courts|access-date=7 September 2017}}</ref> The hearings are before a magistrate or judge depending on the state or city. Hearing dates may potentially be adjourned, and witnesses or police officers may be subpoenaed to appear in court.

At any point after the issuance of a ticket, a motorist may retain an attorney to represent them in a traffic infraction. Retaining or consulting an attorney may be beneficial to the motorist because an attorney would better understand how to contest an infraction in any given state or municipality. Attorneys may offer full representation in court, taking a case from inception to disposal and potentially appeals, although it may be possible for a defendant to retain a lawyer to discuss legal options, identify important defenses, and determine a defense strategy without hiring the lawyer to provide in-court representation.<ref>See, e.g., {{cite web|title=Limited-Scope Representation|url=http://www.courts.ca.gov/1085.htm|website=California Courts|access-date=7 September 2017}}</ref>

The motorist may be given the opportunity to schedule a hearing for a time at which the subpoenaed ticketing officer is unable to attend. If the officer or representative fails to attend the trial for a civil infraction, the trial court may adjourn the hearing to a date upon which the officer is able to appear or, particularly if good cause is not shown for the officer's absence, the court judge may dismiss the charge.

Although each judge, state, county or municipality handle contested hearings a little differently, the court may make provisions for the prosecutor to achieve a deal with the motorist, often in the form of a [[plea bargain]] that may reduce the impact from that which would be incurred from pleading guilty without attending court. If no agreement is reached, and the prosecutor feels it is worth his time to charge the motorist, both motorist and officer, or their respective representatives, formally attempt to prove their case before the judge, who then decides the matter.

In some states and for criminal traffic violations, the judge may also order a [[jury trial]], in which case a [[jury]] will hear arguments from both sides, and then consider the facts in the case and render a [[verdict]].<ref>{{cite web|title=What To Expect in Traffic Court|url=https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-245.aspx|website=Ohio State Bar Association|access-date=7 September 2017}}</ref> The motorist may, for example, put forward a reason their alleged violation was justified, such as to "get out of the way of an ambulance or avoid a collision with another motorist", and call into doubt the level to which the officer recalls the specific details of the situation among the many tickets they have issued.

In Washington state, there is a local option for courts to permit a decision on written statements, without the officer's live appearance in court.<ref>{{cite web|url=http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=clj&set=IRLJ&ruleid=cljirlj3.5|title=Washington State Courts - Court Rules|website=www.courts.wa.gov}}</ref> California offers a procedure in which both the officer and the ticketed driver may appear in writing, through a Trial by Written Declaration.<ref>{{cite web|title=Trial by Written Declaration|url=http://www.courts.ca.gov/34713.htm|website=California Courts|access-date=7 September 2017}}</ref>

Some states permit challenging a traffic infraction through a written statement instead of appearing in court.  For example, California's Vehicle Code Section 40902 permits individuals to obtain a trial by written declaration instead of making an in-court appearance.<ref>{{cite web|title=California Vehicle Code, Sec. 40902, Evidence|url=https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=40902.|website=California Legislative Information|publisher=State of California|access-date=7 September 2017}}</ref>