Beat the ticket: Pay it or fight it?

Summary

It’s a dreadful feeling getting pulled over while you’re driving and getting a ticket. You’ve got a decision to make with that traffic ticket - just pay it or fight it in traffic court.

Story Published: Nov 7, 2009 at 12:00 AM PDT

Story Updated: Nov 7, 2009 at 8:33 PM PDT

Beat the ticket: Pay it or fight it?

PORTLAND, Ore. It’s a dreadful feeling getting pulled over while you’re driving and getting a ticket.

But you’ve got a decision to make – just pay it or fight it in traffic court, which can be the unhappiest place on earth. The whole courtroom is full of people pleading their cases, and they’ve come to the courthouse for Judgment Day.

“Would it be possible to make monthly payments your honor?” asks a lawyer for one person pleading his case.

It turns out these people are putting the system to work for them because others, who simply wrote the check and sent it in, likely paid more than they had to.
 
These days judges encourage you to have a conversation with the officer who wrote you the ticket. If you have a decent driving record, meaning two or less ticket convictions in three years, you can often work out a deal with the officer for a lower fine, a dismissal, or a dismissal if you attend traffic school.

Over three separate days of traffic court KATU News observed that nearly every case is pleaded down to what the court calls a “short matter”.

People return to court with certificates proving they’ve completed traffic courses, and they get their tickets dismissed. KATU News also observed outright dismissals for people who got insurance and registration issues worked out after their initial traffic stop.

What is not observed, and what is just as important in the type of deal a driver can work out with the officer, is how people behaved at the traffic stop when they were first pulled over.

“Sometimes, some officers, they do take notes – contemporaneous notes – and once in a great while, I do see reference to the behavior,” said Multnomah County Judge Michael Zusman.

After being asked if a driver’s attitude can make a difference, traffic court attorney Ben Johnston said, you bet. “There are worlds of differences that can be between just a very calm incidental stop to one which is aggravated by attitude,” he said.

Many times people do hire attorneys for traffic court especially when they’re on the verge of getting their license suspended.

Johnston said if you’re belligerent or uncooperative at the traffic stop, officers sometimes jot a note down on the ticket - the letter ‘O’ - diminishing your chance of negotiating a lower fine when in court.

“The ‘O’ designates you’ve been a horse’s tail to the officer and this is on many citations I see,” said Johnston. “And it’s always, always very difficult to get over that circle on the back of the citation.”

Judges say it’s also important to have a good attitude in court.

“Be respectful, be courteous,” said Zusman.

Additionally, have realistic expectations.

“I think that would probably be the biggest misconception, is they sometimes think they can come in and get the ticket wiped off the books,” said Multnomah County Judge Gregg Lowe.

Know that by law, judges are only able to reduce fines by up to 20 percent.

Also, be aware of how you dress.

“Once in a while you get folks who look like they’re ready to head to the beach,” said Zusman. “I’m not saying you put on a suit – you don’t have to dress like I do – but dirty jeans, flip-flops, short shorts, not a good idea.”

Above all, tell the truth.

“If you’ve got a good case, fine, but don’t come into court and lie,” said Lowe. “It’s the worst thing you can do because more than once, you’ll get caught.”

Part two: "Beat the ticket: Is it worth it to take a ticket all the way to trial?"
 

Web Extra: Tales from the bench


 

Viewer Poll

Do you support or oppose the health care bill members of the U.S. House will be voting on this weekend? Read more

  • Support
  • Oppose
  • Support most of it
  • Support some of it
  • Unsure