TITLE: Car Lemon Law at Auto Lemon - Used Car History Check
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CAR LEMON LAW
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There's nothing quite like getting pulled over on your way to work or on an outing with your family for making an illegal turn or running a stop sign and being handcuffed and arrested for ignoring previous tickets. And more than a few drivers have been dismayed to return to their parked cars only to find that the car has a "boot" on its wheel, a device that that prevents it from being driven away.
If you think you've received a ticket you didn't deserve, it's useless to argue with the officer who issued it, and doing so may even work against you when it comes time for your day in court, since police officers usually have a much greater recall of uncooperative motorists than those who just take the ticket and go on their way. If you want to fight a ticket, the proper place to do so is in traffic court. The ticket will indicate the time and place where you can appear to contest it.
While it can be frustrating and time consuming to go to traffic court, and you may be tempted to simply pay the fine and be done with the matter, there are some times when fighting a traffic ticket makes sense. Speeding and traffic tickets can lead to increased insurance rates, and repeated offenses can lead to the suspension or loss of your driver's license. So if you got a parking ticket while you were legally parked, or if you can show that the police officer who issued the ticket made a mistake, you should seriously consider going to court.
In most cases, you don't need a lawyer's help to fight a traffic ticket. Although the procedures may vary a bit from court to court, generally you simply appear in court on the day scheduled. In many communities, you can meet with the prosecuting attorney before your case is called and attempt to work out a reduction or dismissal of the charges. If this proves impossible, or if it isn't the procedure in your community, you will then wait for your case to be called. The traffic court judge will ask for your plea, at which point you say "Not Guilty."
The court will then ask the prosecuting attorney to present his case, which will usually consist entirely of the testimony of the officer who wrote the ticket. The attorney will ask the officer to identify himself, give an account of the events leading up to the ticket and identify you as the driver to whom the ticket was issued. You then get a chance to cross-examine the officer, and present any evidence you may have in your defense, such as your own testimony and the testimony of other witnesses. The prosecutor gets to cross-examine you and your witnesses, and that's about it. The judge then renders his decision.
While it's not necessary to get a fresh haircut and wear your Sunday best to traffic court, being neatly dressed and treating the judge, the police officer and the prosecuting attorney with courtesy won't hurt your case. And if you spend a little time preparing your case before you get to court, rehearsing your questions and organizing your thoughts, you can present your case more clearly and more importantly, more quickly. Traffic court judges have crowded courtroom schedules, and they tend to appreciate brevity and clarity.
In some cases, simply showing up to contest the ticket may be enough to lead to a dismissal. In order to proceed with its case, the government will almost always need the testimony of the officer who wrote the ticket. Occasionally, because of a scheduling conflict, the officer won't be in court when he's supposed to be. If he's not there, you can ask the court to dismiss your case for lack of prosecution.
Finally, if the offense you've been charged with is a serious one, you may want to at least talk to an attorney beforehand, and you might even want to have one represent you if you are facing suspension or loss of your license, or if you think being found guilty will cause a big jump in your insurance rates. While there are plenty of times when a lawyer's help isn't necessary, it may be a false economy to save a few hundred dollars in legal fees only to pay that and more in increased insurance rates and added inconvenience.
Fines, License Suspensions and Traffic School
A routine ticket for speeding, failure to yield, or failure to stop at a stop sign will normally cost you between $75 and $300, depending on your state law and sometimes your driving record. If the fine isn't written or printed on the ticket, it's easy to learn the amount by calling the traffic court. States normally have standard fines for particular violations, based on the type of offense. In speeding cases, the fine can be based on how much you exceeded the posted speed limit. Some states can also set the fine based, at least in part, on whether you have other recent violations.
Because it's expensive for the state if you fight your ticket, courts place hurdles in the way of people who insist on a court hearing, while establishing "no muss, no fuss" options to pay your fine (often called "forfeiting bail"). But while paying up may be easy, it can have lasting negative consequences since the violation will appear on your driving record, normally for about three years. The big exception to this rule is if you pay the fine in conjunction with going to traffic school. Completion of traffic school normally means the ticket will not appear on your record.
Depending on your state law and your insurance company policies, your auto insurance rates will normally not increase if you receive one ordinary moving violation over three to five years. But two or more moving violations -- or a moving violation combined with an at-fault accident -- during the same time period might result in an increase in your insurance bill. Unfortunately, because insurance companies follow different rules when it comes to raising the rates of policyholders who pay fines or are found guilty of a traffic violation, it's not always easy to know whether it makes sense to fight a ticket.
Before you can make an informed choice as to whether to pay, go to traffic school or fight, it makes sense to find out whether having the ticket on your record will result in your insurance rates being upped. The most direct approach is to call your insurance company and ask. The problem with this approach is that it risks alerting your insurer that you have been ticketed (something you don't want to do if you hope to successfully fight it or go to traffic school). One approach is to call your insurer anonymously and suggest you are considering switching insurance companies and want to gather information on a range of key issues, such as their criteria for good driver discounts and premium increases when covered drivers get ticketed.
You won't lose your license for one or usually even two tickets for a routine moving violation like speeding, running a stoplight or stop sign, or many other garden-variety traffic scrapes. That is unless you are under 18 years of age, where you could lose your driving privileges in some states.
If you are over 18 years of age and have had at least three previous convictions for moving violations in the past three to five years, you could lose your license (parking violations don't count). If you are charged with drunk, reckless or hit-and-run driving, and have several previous convictions for moving violations, you can be pretty sure your right to continue to hold your license is in jeopardy.
In most states, suspensions are handled on a point system with a license at risk of being pulled if a driver gets three or more tickets in a short period. Check exact rules with your state's Department of Motor Vehicles. Obviously, if you face losing your license, your incentive to fight a ticket goes way up no matter what your chances of winning.
No matter what type of point system is used, you are typically entitled to a hearing in front of a Motor Vehicle Bureau hearing officer before your license can be revoked. At that hearing it is often a good idea to explain why at least some of the violations were the result of mistakes by the ticketing officer, but for some good reason you didn't fight the ticket. It also helps to explain the specific steps you've taken to drive more carefully and safely since the violations.
In states that assess points for accidents, this may be your first opportunity to show the accident wasn't your fault, was difficult to avoid or was not part of an ongoing pattern of bad driving. Be prepared to do just that. Also, tell the hearing officers if it is essential that you commute to work or actually drive for your job, particularly if you will lose your job if you lose your license. Finally, if you drive 15,000 miles a year or more, you should mention this as well. Argue that since you drive more than average, your chances of getting tickets or having an accident are also above average.
Almost every state allows a person ticketed for some types of moving violations to attend a 6-to-8 hour course in traffic safety in exchange for having the ticket officially wiped from their record. Often attending traffic school is your best choice, even if you think you have a watertight defense. After all, while a trial is always something of a gamble, traffic school is 100% reliable in keeping the violation off your record. (As long as you remember to set your alarm clock, of course, and make it to the class.)
Policies on allowing you to eliminate a ticket from your record by going to traffic school vary from state to state. (They can also occasionally vary within a state, where local courts have some discretion to set their own policies.) For example, in some states you can attend traffic school once a year, while in others you must wait 18 to 24 months before you can eliminate a new ticket with a new trip to traffic school. And in some states, you aren't eligible for traffic school if you're ticketed for exceeding the speed limit by more than 15 or 20 miles per hour.
Procedures for getting into traffic school also vary from place to place. Most courts allow you to sign up through the court clerk, but a few require that you appear before a judge to make your request. How a traffic school attendee's ticket is handled is also different in different areas. For example, in some states, courts dismiss your case when proof is received that you've completed traffic school. In other states, courts require you to pay your fine (forfeit bail) with the understanding that the conviction will not be placed on your record if you complete traffic school by a prearranged deadline. Under this system you must pay twice -- once for the fine and again for the school.
In brief outline, for those who are eligible, the advantages of attending traffic school are as follows:
The disadvantages of traffic school include:
In some states, erasing a ticket through traffic school may be
accomplished while sitting at home. For example, California is just one of a
number of states where traffic courts authorize Internet-based traffic schools
(they use tests and other devices to be sure you are paying attention). This
trend is almost sure to spread. But be sure to check with the court in your
particular area to make sure that an Internet-based program is acceptable. Do
not pay any money to the traffic school unless you are sure that the court
accepts that particular school's program.
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