6 ways to keep a ticket off your driving record
The best way to avoid paying a higher insurance premium over a speeding ticket is to keep the ticket off your driving record. You can do this by contesting it, or by taking several other measures in court to kill it.
—Little is worse when at the wheel than looking into your rearview mirror and seeing the flashing lights of a police car. A speeding ticket with a hefty fine is all but assured, but that might be only the start of the financial pain.
A handful of insurance companies will forgive the infraction, provided you haven’t received such forgiveness in recent years and you weren’t nabbed while going too fast. But absent of such mercy, when the infraction hits your driving record, your insurer is likely to push up your premium for three to five years, perhaps by a lot.
Insurance companies each have their own guidelines so it’s impossible to be exact, but anticipate a 20 percent jump if you were going 10 to 15 mph over the limit, and up to a 40 percent increase if you were 30+ mph over the limit.
The best prospect to avoid paying a higher insurance premium is to keep the ticket off your driving record in the first place. You can do so by contesting the thing, or take several other measures in court to kill the ticket.
Insurance companies are not automatically and immediately notified when a ticket hits your driving record; in most cases, they only pull your record on a yearly basis, so if the ticket is removed before that “pull” occurs, a premium increase can be avoided.
While options to squelch the bad news vary between jurisdictions, here are a few methods drivers can use to keep a ticket off of their record:
1. Take a Defensive Driving Class
These courses are not available in all states, but they are available in, among others, Texas, New Jersey, California and Florida. Attending and passing a defensive driving course will result in your ticket being dismissed, so ensuring it never makes it to your driving record. In most states, however, this is a one-time-only remedy.
Cost and time commitment will vary by course, though most states now offer such courses online, to be completed at your own pace. Your local DMV should be able to provide you with a list of approved courses.
2. Get a Deferral
This option means that, while the court finds you guilty, or you plead to do so, the ticket will be deferred (as in not added to your driving record) for a certain amount of time. In most jurisdictions, it’s one year.
If you manage to get through the deferral period without getting another citation, the ticket will be dismissed and never hit your driving record. On the other hand, should you be issued another ticket during the deferral period, both tickets will go on your DMV record, dramatically increasing your insurance rates. This adds a major risk to the option, since it reduces your options to fight that second ticket, or eliminates it altogether.
Deferrals are not an automatic solution. A district attorney or judge must approve it, and there will most likely be a fee to pay; $100 to $300 is typical.
3. Simply Delay
This is a last-ditch option before the courtroom options loom. Most traffic tickets come with a court date that is at least a few months away. Asking for a continuance can kick that date down the road for almost a year. If the officer that issued the ticket is transferred, retires, quits, or is fired during that time you can ask for a dismissal.
4. Opt for Mitigation
If it’s been awhile (think years) since your last ticket, you may be able to ask for mitigation. While mitigation will not always keep the ticket off of your record, it could lower the fine.
In mitigation, you plead guilty, but get to explain the circumstances that led to the ticket and ask the judge for leniency. With this option, there are no guarantees. The judge may buy your excuse and lower the fine or leave it the same.
The judge may also offer ways to keep the ticket off of your record. Deferrals or the opportunity to attend defensive driving school are common options in mitigation.
5. Contact the Clerk of the Court
In certain jurisdictions, the clerk of court has the power to knock the ticket down to a non-moving violation. They may also have the ability to offer a deferral or allow you to take a defensive driving course to keep the ticket off of your record. In most cases, though, you will still have to pay the fine, along with court costs. To exercise this option look at your citation and find the courthouse contact information. Call this number and ask to speak to Clerk of Court. In most jurisdictions, the contact information for the Clerk of Court is also online.
6. Contest the Ticket
According to the National Motorists Association (NMA), your best bet to keep a ticket off your record is to fight. Results can range from an outright dismissal to a reduced fine. Unfortunately, most of us don’t go this route; only 5 percent of drivers fight a ticket.
Contesting a ticket means that you plead not guilty and go to court to argue about the ticket. You can do this by yourself or bring a lawyer. This tends to be a long-shot strategy and should be reserved for major moving violations.
In most cases, it’s a technicality that wins a court case. Read over your citation carefully, looking for errors. If the time, location, or personal information is wrong, it can result in a dismissal.
If there isn’t an error, you will need to win over the judge with your argument. The judge will issue a verdict after you have made your case. While a dismissal or reduced fine is a possibility, if you are on the losing end, the verdict could require you to pay the full fine as well as court costs.
If you are headed to court, here are a few tips:
- Be prepared: A judge won’t rule in your favor unless you come prepared with a valid and coherent argument. Have evidence and witnesses that present your side of the situation in a positive light.
- Dress professionally: Always dress professionally. Looking professional will make a positive impression on the judge.
- Understand the rules of court: If possible, visit traffic court before your hearing so you have an understanding of how things work and observe which strategies work best.
- Always be polite: Getting mad or rude is the quickest way to a losing verdict. Always be polite and stay in control.
This story originally appeared on ValuePenguin.
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