Do I need an attorney for traffic court?

You can represent yourself in traffic court just as you can in any other legal proceeding. However, the court system is unfamiliar territory to most people. This makes it difficult to be able to make an effective presentation. An attorney, particularly one that regularly practices in a particular court and knows the local prosecutors and judges, can often negotiate very favorable plea bargain agreements that may often eliminate or reduce the points that are assessed against your driving record. The insurance law permits companies to impose steep increases upon people who are convicted of traffic violations. Just one traffic violation can cost you hundreds, if not thousands of dollars, in additional insurance costs! For insurance purposes, the points stay on your record for three years. Additionally, if a person gets too many points, the Secretary of State may put the driver on probation or suspend his or her license. The Secretary of State may also require you to pay a "Driver Responsibility Fee" each year the points for the violation remain on your license.

Points for Some Traffic Convictions

Six Points:
-Operating under the influence of liquor or drugs
-Failing to stop and give identification at the scene of a crash
-Reckless driving
-Unlawful bodily alcohol content of 0.10 or more
-Refusal to take a chemical test
-Fleeing or eluding a police officer

Four Points:
-Drag racing
-Impaired driving
-Under age 21 with any bodily alcohol content
-16 mph or more over the legal speed limit
-Failure to yield/show due caution for emergency vehicles

Three Points:
-Careless driving
-Disobeying a traffic signal or stop sign or improper passing
-11 through 15 mph over the legal speed limit
-Failure to stop at railroad crossing
-Failure to stop for a school bus or for disobeying a school crossing guard

Two Points:
-10 mph or less over the legal speed limit
-Open alcohol container in vehicle
-All other moving violations of traffic laws
-Refusal of Preliminary Breath Test (PBT) by anyone under age 21