When you get a traffic ticket, already time is not on your side. The time that you have to spend going to court on the due date to get a date for your arraignment, followed by the arraignment date and then a date set for trial is time lost. However, in hiring an attorney, outside of knowing the traffic court system, allows you the ability to not have to travel to court and lose out on that precious time.
The ability to do this lies in Penal Code, Section 977(a)(1): In all cases in which the accused is charged with a misdemeanor only, they may appear by counsel only, except as provided in paragraphs (2) and (3). If the accused agrees, the initial court appearance, arraignment, and plea may be by video, as provided by subdivision (c). Furthermore, in California, infractions receive the same rules as misdemeanors (minus right to jury trial). Therefore, when you hire an attorney, the attorney can appear on your behalf for the due date, arraignment and trial and negotiate/argue to get you the best deal on your ticket.
The language that is required for the "WAIVER OF DEFENDANT'S PERSONAL PRESENCE," as required under Penal Code, Section 977 is set forth as follows:
“The undersigned defendant, having been advised of their right to be present at all stages of the proceedings, including, but not limited to, presentation of and arguments on questions of fact and law, and to be confronted by and cross-examine all witnesses, hereby waives the right to be present at the hearing of any motion or other proceeding in this cause. The undersigned defendant hereby requests the court to proceed during every absence of the defendant that the court may permit pursuant to this waiver, and hereby agrees that their interest is represented at all times by the presence of their attorney the same as if the defendant were personally present in court, and further agrees that notice to their attorney that their presence in court on a particular day at a particular time is required is notice to the defendant of the requirement of their appearance at that time and place.”
If you are looking to save time and money for your traffic ticket, hire a traffic attorney today. Safe driving!
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment