1. Be Careful What You Sign.
Any time you are stopped for a traffic violation, you will be provided with two (2) options: (1) either sign the citation stating that you admit guilt and will mail in the penalty assessment (fine) to the Motor Vehicle Division in Santa Fe or other governmental agency; or option (2) sign that part of the citation which states that you want to appear in Court. In either case, you must sign the citation stating which way you want to handle your ticket. If you refuse to sign, the police officer will most likely take you to jail for refusing to obey an officer.
2. Want to Contest Ticket Check the Box With the Court Date.
Your attorney can best help you if you chose to appear in Court. The date on the citation is, in most cases, the date by which you must appear to advise the Court how you intend to plea. Sometimes this can be accomplished over the telephone. When you receive a citation, you should check the box that you are going to appear in Court, call us as soon as possible thereafter, and fax us or mail us a legible copy of the ticket. If your ticket is not very dark, then please make a dark copy and then fax it.
3. Twelve Points and Your License is Suspended.
Most moving violations carry with them a certain number of points towards suspension of your license, according to the Motor Vehicle Division regulations. If you receive twelve (12) points within a twelve (12) month period, your license is automatically suspended for one (1) year. If you receive between seven (7) and ten (10) points in a twelve (12) month period, the Judge can make a recommendation to the Motor Vehicle Division to suspend your license for ninety (90) days. If you agree to send the money in, then it is virtually impossible to change your mind later. We can best assist you, if you ask to appear in Court.
There is no rule of thumb that you can use for determining the number of points you may be assessed for a ticket. For example, for speeding tickets the number of points is not determined solely by the number of miles per hour you were traveling over the speed limit. The number of points will also depend on the posted speed limit.
4. Deferred Sentence.
If you have no defense to the ticket, such as being clocked on radar or being paced by the officer for some distance, but you have a clean driving record, we may be able to help you plead no contest. The result might be what is called a “deferred sentence.” When you receive a deferred sentence and complete the conditions of deferral, which the Judge sets, you do not get any points toward your driver’s license revocation or suspension. Anytime you receive a citation, please call us and we will advise you as to the number of points you are facing toward suspension of your driver’s license. If a Judge issues a deferred sentence, it is usually contingent upon you not receiving any citations in the ninety (90) days following the Court appearance. If you complete the ninety (90) day period, without other citations, the charge will be dismissed, and not appear on your driving record. In some cases, if your driving record is not as clean as the Judge would like, you may be able to obtain the benefits of a deferred sentence by completing a one day driving improvement school. In this case, you must complete a driving improvement class, approved by the Court and send proof to the Court that you completed the driving class successfully. Once the Court receives your proof, the citation will be dismissed.
You can attempt to obtain a deferred sentence only if you sign the box on the ticket for Court appearance. The date on your citation, near the bottom, usually tells you when to appear in Court. Some tickets will give you a definite date and time to appear. Others will state a date and time by when you must appear. At the time of your first Court appearance, you will sometimes see a Judge and other times only the clerk. It depends on the Court.
5. With a Deferred Sentence, Will I Still Have to Pay Fines and Court Costs?
In most cases, even where you obtain a deferred sentence, you will be required to pay the fine for the ticket and the Court costs. Depending on the Court, your costs may range from $25.00-$59.00. It is rare that a Judge will suspend your fine and Court costs. You can ask for time to pay the fines and Court costs. Usually the Judge will give you thirty (30) days to pay. In the Metropolitan Court in Albuquerque, sometimes the Judge will let you use the money that you would have paid towards the fine and Court costs to pay for the one day driving school.
6. What does it mean if I sign that I am going to mail the money into Santa Fe or tothe city in which I received the ticket?
When you sign stating that you will mail in the penalty assessment (fine) to the Motor Vehicle Division in Santa Fe or City, you are admitting guilt for the ticket. If your ticket is related to a car accident, that admission of guilt can later be used against you, should you be sued over the car accident. For example, if you sign that you will pay the money for running a red light, then that is an admission of guilt that you ran the red light. That will be used against you if you are sued for damage caused to the other vehicle or injuries caused to the occupants of other vehicles. If you enter a plea of no contest the Judge will find you guilty. However, a plea of no contest CANNOT be used against you in a subsequent lawsuit.
7. If I sign the ticket, stating that I will mail the money and I want to change my mind and fight the ticket, can I do so?
The answer is most likely, no. If you decide that you want to fight the ticket after having signed the box that says you admit your guilt and desire to mail in the penalty assessment, you can hire an attorney to file a motion in the District Court in the county where you received the ticket. At the hearing, you will have to convince the Judge that you, for some reason, did not understand what you were doing at the time you signed the ticket, stating that you want to admit your guilt. If you are not sure what you want to do, then tell the officer you want to appear in Court because you can easily later change your “not guilty” plea to one of “no contest” or “guilty.”
8. Will my insurance rates be raised if I get a traffic citation?
Insurance companies are allowed to determine what information they use to set your insurance premium. If your case involves an accident, it is usually the insurance company’s opinion as to whether or not you are at fault for the accidentthat determines whether there will be an increase in your rates or cancellation of your insurance policy.
9. Can one speeding ticket alone be used to raise my insurance rates?
Yes, only if you are convicted of driving faster than 75 miles per hour. If you have more than one ticket whether for speeding or for another violation, then all can be used to raise your rates, regardless of how fast you were traveling.