Atlanta Bar Association Blog


Posted by: Joette Melendez on Jul 8, 2021

You were pulled over and received a traffic ticket to appear in traffic court and, whether you are 18, 28 or 48 years old, you panic; especially if this is your first time receiving a traffic ticket. But what should you do now?!

First, do NOT panic. If you managed to drive away from the traffic stop with only a traffic ticket and a notice to appear in court at a future date, then you aren’t going to jail and that’s a good thing.

Even if you are arrested for Driving Under the Influence (NEVER DRINK AND DRIVE) or driving on a suspended license, etc., you will likely appear in a local traffic court tribunal with an opportunity to negotiate with the local solicitor (prosecutor) about your ticket. DUI and driving with a suspended license ARE arrestable offenses; i.e., you will be arrested and transported to the local jail.

Second, note your court date, time and location and save it on your personal calendar. Your Failure To Appear (FTA) in court can result in a license suspension; therefore, you do not want to miss your court date. If you have a known conflict in advance, i.e., surgery, vacation, etc., you may be able to contact the court for a new date but this is not guaranteed and you must make this request early on and not the same day of your court appearance.

Third, decide whether you want to retain counsel. It is not mandatory and often not necessary for traffic infractions; especially for your initial appearance as you are not obligated to accept the solicitor’s offer and you have the option of retaining an attorney for your next court date, if you so choose.

Fourth, try to mitigate the damages. If you received a traffic ticket for speeding, take a defensive driving course before you appear in court and bring proof of the course with you to court. If your insurance lapsed, restore it asap and provide the proof in court. If you were stopped for holding/talking on your mobile phone, purchase a handsfree device and bring proof of the purchase to court. You are allowed one free pass if you are charged with distracted driving (cell phone use) but only one and you may have to sign an affidavit stating that it is your first time being charged with this offense. You get the general idea. Take initiative, take action and demonstrate your remorse for the act you have been charged with; unless, of course, you prefer to go to trial.

Fifth, once you appear in court, make certain to check in with the clerk’s office; otherwise, they may not be aware that you are in the building which can result in a warrant. FTA warrants are issued immediately at the end of calendar call but your driver’s license will not be suspended until 30 days AFTER your missed court date.

Sixth, drive carefully always; especially when you are driving to traffic court. It will not hold well for you if you inadvertently cut off the solicitor or the judge on your way to court. Trust me, it happens.

Though there are no guarantees, you might avoid being stopped for a traffic violation by following the traffic rules; i.e., coming to a complete stop when required, using your signal light when changing lanes, not backing up when you miss your exit/turn, checking your headlights and taillights regularly to ensure they are operable and keeping your license, insurance and registration tags up to date.

Unless you are 18 years old or younger and you accumulate four (4) points for certain reckless acts; such as reckless driving and DUI, or you accumulate 15 points on your license over a period of 24 months as an adult driver, there is no need to panic. Should you find yourself in this situation, or facing jail time, you may want to retain an attorney to assist you before accepting any plea offers.

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