Can I appeal the ticket in court if I didn’t know what that was for?
Asked on Oct 14th, 2012 on Criminal Law - Michigan
More details to this question:
The officer pulled me over asked if I was in any hurry. I said no, gave him my license and registration, and he walked away. I thought he would come back and tell me what I did wrong but instead he came back with a ticket for speeding and reckless driving. I wasn’t aware I was doing either until after I read my ticket.
He doesn't have to verbally tell you. He wrote you a ticket. In that ticket he is telling you what those charges are. You will be required to go to court and answer to those charges. If you believe that you are not guilty, a trial will be held and the prosecutor will have to present its evidence against you. The judge will then decide. As for the officer, he did nothing improper.
You don't appeal something that you haven't been convicted for yet. You need to hire a lawyer to try and beat the charge, that's your first order of concern.
Yes you can appeal your ticket but the fact that the officer did not verbally tell you at the scene will not make any difference. You were informed of the offenses when he gave you the ticket. You will need a better defense than not knowing to have any chance of success.
You have the right to a bench trial on any traffic ticket. There should be instructions on the back about how to get a court date. If not, call the courthouse in the jurisdiction where the ticket was given and ask.
Get an attorney to fight the ticket. There are many hoops that the officer must jump through in order to actually prove the case, and with an attorney, they may offer something much less.
You should engage an attorney. The place to defend yourself is in the court. That is where the policeman, and the prosecutor must prove the elements of the charge, and reckless driving is a very serious one.
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