Traffic court is a general term for the specialized court system in which traffic tickets or citations—and tickets or citations for nonmoving violations such as parking and fix-it tickets—are prosecuted by local governments (city, town, village) and may be determined by a judge or jury.
Traffic court may also be known as municipal court. Many traffic courts provide helpful information on their websites but a person who has received a traffic ticket may often be well served to consult with a lawyer who specializes in traffic tickets to determine the best course of action.
Trial by Written Declaration
In some states a person who has received a traffic ticket or citation may request a trial by written declaration. In a trial by written declaration the person who received the ticket or citation and is charged with an infraction or offense (known as the defendant or the accused) may submit a written statement or declaration to the court and is not required to appear in court.
The police officer who issued the ticket or citation will also submit a written declaration to the court testifying to the circumstances under which the officer issued the ticket or citation to the defendant. The court (the judge) will consider these competing written declarations and any evidence properly submitted to the court to determine whether the defendant is guilty of the infraction or offense.
Laws and court procedures vary from state to state and in some states that allow trial by written declaration the defendant may be allowed to request an in-person hearing if they are not satisfied with the judge’s decision in the trial by written declaration. This request for a new trial may be referred to as a trial de novo (pronounced duh-No-Vo).
Laws and court procedures are continually evolving and may change at any time so be sure to confirm the status of the law and available procedures in your state. States in which trial by written declaration may be permitted include:
• California
• Florida
• Hawaii
• Indiana
• Louisiana
• Nebraska
• Ohio
• Oregon
• Wyoming
In Nebraska, traffic court is a venue where individuals can address citations for traffic violations, which may include speeding, running a red light, or other infractions. It is often part of the municipal court system. When someone receives a traffic ticket in Nebraska, they have the option to either pay the fine, contest the ticket, or in some cases, attend a defensive driving course to potentially reduce or dismiss the charge. Nebraska does allow for a trial by written declaration, which means that the accused can submit a written statement to the court instead of appearing in person. The officer who issued the citation will also provide a written account. The judge then reviews both statements and any submitted evidence to make a determination. If the individual is not satisfied with the outcome of this process, they may have the option to request a new trial, known as a trial de novo. It is important for individuals to consult the specific procedures and options available in their local jurisdiction, as these can vary. Consulting with an attorney who specializes in traffic tickets can be beneficial to understand the best course of action and to navigate the legal system effectively.