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Driver Rights

If youíve entered a courtroom prior to today, youíll 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:

  • You are entitled to a speedy trial.

  • 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, youíll probably have better luck with a judge than a jury of your peers.

  • You are entitled to the use of an attorney. In a traffic court you will usually have to pay for this service. You wonít get one for free unless your offense could be subject to jail time.

  • 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.

  • Any witnesses brought into court are subject to cross examination by you. Usually it would be the officer who wrote the ticket. Thatís why if the officer does not turn up, thereís no case against you and no conviction.

  • You have the right to remain silent. Donít 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, youíll see how essential these rights are to you as you fight your cause. Make a note of them and keep them handy, so that youíll be reminded of them during the trial.


 
 

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