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Driver
Rights
If you’ve entered a
courtroom prior to today, you’ll know that they are extremely impressive
and leave no doubt in your mind who is in charge. Regardless of that
fact, you are still entitled to certain rights. Unfortunately, however,
your rights may be overlooked in court, in an effort to get you to plead
guilty so that the court gets your money. Be aware of your rights as you
are approaching the date of your trial. Make sure to remember the
following rights and keep them in your mind as you enter into the
courtroom:
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You are entitled to a
speedy trial.
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You may request and are
entitled to a court trial. Usually the only ruling body is the
judge. You may have the option in some states to request a jury but
in most cases, you’ll probably have better luck with a judge than a
jury of your peers.
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You are entitled to the
use of an attorney. In a traffic court you will usually have to pay
for this service. You won’t get one for free unless your offense
could be subject to jail time.
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Do not attempt to
subpoena the officer who was riding along in the police car when you
were stopped. The only thing that would be of interest to you are
documents listed in the public records in discovery sections here
previously.
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Any witnesses brought
into court are subject to cross examination by you. Usually it would
be the officer who wrote the ticket. That’s why if the officer does
not turn up, there’s no case against you and no conviction.
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You have the right to
remain silent. Don’t ever forget this as you go into the courtroom.
You never have to testify against yourself, so try not to take the
stand for the defense.
Later on on this site,
you’ll see how essential these rights are to you as you fight your
cause. Make a note of them and keep them handy, so that you’ll be
reminded of them during the trial.
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