Editing Traffic ticket (section)

==United States==

[[File:Parking ticket - Washington DC - 2011-08-25.jpg|thumb|A parking ticket issued in Washington, D.C., in 2011]]
[[File:Seattle parking checker, 1960.gif|thumb|right|Checker giving a parking ticket, Seattle Washington, 1960]]

In the [[United States]], most traffic laws are codified in a variety of state, county and municipal laws or ordinances, with most minor violations classified as [[infraction]]s, [[Civil penalty|civil charges]] or [[criminal charges]]. The classification of the charge depends on the violation itself as well as the jurisdiction, with infractions, civil charges and criminal charges relating to different standards of proof, trial rules and punishments.

===Traffic violations===
What constitutes a "minor violation" or infraction varies, examples include non-moving violations, defective or improper vehicle equipment, seat belt and child-restraint safety violations, and insufficient proof of license, insurance or registration. A trend in the late 1970s and early 1980s also saw an increased tendency for jurisdictions to re-classify certain speeding violations as civil infractions.<ref name="Ruschmann000">{{cite book| title     = An Analysis of the Potential Legal Constraints on the Use of Speed Measuring Devices.|first= P.A.| last = Ruschmann| publisher = University of Michigan, Highway Safety Research Institute| year= 1979| id = Original from the University of Michigan Digitized November 23, 2005}}</ref> In contrast, for more "serious" violations, traffic violators may be held criminally liable, accused of a [[misdemeanor]] or even a [[felony]]. Serious violations tend to involve multiple prior offenses, willful disregard of public safety, death or serious bodily injury, or damage to property.<ref name="Ruschmann000" /> A frequently used penalty is a [[fine (penalty)|fine]], and this is ordinarily a fixed amount of money, instead of being an amount of money determined based on the facts of each individual case.<ref>{{cite journal|ssrn=1967184|last=Bray |first=Samuel L.|year=2012 |title=Announcing Remedies |journal=Cornell Law Review |volume=97}}</ref>

===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>

===Driving records===
Each state's [[Department of Motor Vehicles]] or Bureau of Motor Vehicles maintains a database of motorists, including their convicted traffic violations.  Upon being ticketed, a motorist is given the option to mail into the local court or the court for the jurisdiction in which the violation is alleged—a plea of guilty, not guilty or [[nolo contendere]] within a certain time frame (usually ten to fifteen days, although courts generally provide leniency in this regard). Additionally, the motorist can request a mitigation hearing, which acknowledges that the driver is guilty of a moving violation, but is requesting a hearing with a judge to reduce the fines associated with the ticket.<ref>{{cite web|title=Infractions (Tickets)|url=http://www.cob.org/government/court/infractions.aspx#mitigating|publisher=[[Bellingham, Washington|Bellingham Municipal Court]]|access-date=15 March 2013|url-status=dead|archive-url=https://web.archive.org/web/20130116102429/http://www.cob.org/government/court/infractions.aspx#mitigating|archive-date=16 January 2013}}</ref>

If the motorist pleads guilty, the outcome is equivalent to a conviction after the hearing.  Upon conviction, the motorist is generally fined a monetary amount and, for moving violations, is additionally assessed a penalty under each state's [[point system (driving)|point system]]. Wyoming being an exception as there is no motor vehicle point system.<ref> https://www.millswy.gov/municipal-court/page/municipal-court-common-questions</ref> If a motorist is convicted of a violation in a state other than the state in which the motorist is registered, information about the ticket is relayed in accord with state policy and agreements between the two states, including the [[Non-Resident Violator Compact]].  If the ticket information is not abstracted to the state in which the motorist is licensed, then the record of the conviction remains local to the state where the violation took place.

===Ticket fixing===
The practice of [[ticket fixing]] by police officers is a recurring source of controversy in the United States. Police officers in many jurisdictions surreptitiously cancel tickets as a "professional courtesy" to the friends and family of other police officers. This practice is not legal in most jurisdictions, but enforcement is often lax, leading to periodic scandals.<ref>Ticket-fixing probe rocks Georgia. ''Henderdson Times-News''. September 17, 1986.</ref><ref>{{cite news| url=https://www.sfgate.com/bayarea/article/SAN-JOSE-Ticket-fixing-judge-sentenced-2704974.php | work=The San Francisco Chronicle | first=Kelly | last=St. John | title=San Jose / Disbarred judge told to swear off alcohol | date=2004-07-27}}</ref><ref>{{cite news| url=https://www.nytimes.com/2011/10/28/nyregion/16-officers-ordered-to-surrender-in-ticket-fixing.html | work=The New York Times | first1=William K. | last1=Rashbaum | first2=Al | last2=Baker | title=In Ticket-Fixing Scandal, 16 Officers to Be Charged | date=2011-10-27}}</ref>