What you should know about traffic tickets
YOU CAN LOSE YOUR DRIVER'S LICENSE
A traffic ticket is not a simple matter! Simply paying a traffic ticket does not end the matter since the BMV puts points on your license for most traffic infractions. Most moving violations are assessed two points. However, some offenses are assessed more than two points. If a person's license is assessed twelve points within two years, that person's driver's license is suspended by the BMV. This is why it is important to defend yourself against a traffic ticket even if it is only your first violation.
Don't wait until you are in danger of losing your license. That fact is if you record is clean, you're more likely to keep it that way. You'll be less likely to be ticketed or found guilty in traffic court. Points on your license can add up quickly! If you hold a commercial driver license (CDL), are an airplane pilot, or in some other line of work where not driving is the same as no paycheck, one ticket can make your life miserable.
YOUR INSURANCE COULD GO UP SUBSTANTIALLY
The insurance law permits companies to impose steep increases upon people who are convicted of traffic violations. Just one traffic violation can cost you thousands of dollars in additional insurance costs! Worst of all, the insurance increases stay with you for more than three years after you pay the ticket!
WHAT CAN YOU DO ABOUT IT?
First of all, you should aggressively defend yourself. Just because you were issued a ticket does not mean that you are automatically guilty. You are entitled to plead not guilty and to have your day in court. Keep in mind that good preparation is essential to a successful outcome. Taking photographs, contacting witnesses and creating diagrams will help you to convincingly present your side of the story. You may also consider hiring counsel to aid you in the presenting of your defense.
HOW CAN AN ATTORNEY HELP?
Traffic court is very much like any other legal proceeding. Law is unfamiliar territory to most people. This makes it difficult for many to be able to make an effective presentation. When you fight your ticket, you are likely to face a police officer who has been to traffic court before and knows how to present his case well. Being represented by an attorney can increase your chances of winning your case. An attorney familiar with the court rules can help to present your case in a more logical and persuasive fashion.
FAQ
What should I do if pulled over?
Remain courteous, but do not divulge too much information. If an officer pulls you over, he or she will generally ask to see your driver's license, the registration of the vehicle, and proof that the vehicle is insured. You must comply with these requests. Drivers should pull their documents out slowly and hand them to the officer. If the officer asks if you know the reason for the stop, while it is important to be polite and honest, it also makes sense to be careful about admitting too much, since any admissions may be used against you in a later proceeding.
What if I don't believe I was going that fast?
It's possible the radar was picking up another vehicle. It's also possible that the radar unit was being operated improperly.
Will errors on the ticket result in the charges being dropped?
Courts will often excuse minor errors on a ticket. A misspelled name, incorrect address, or difference in opinion on whether your car is aqua or green in color will not result in a dismissed ticket. Conversely, a major error such as citing the wrong statute, radically misidentifying your vehicle or listing the wrong highway as the site of the violation should provide justification to dismiss the ticket.
If I prove my speedometer was defective when I was stopped for speeding, will the court dismiss the ticket?
No. The court might consider it a mitigating circumstance, but it's likely you will still be found guilty.
How does police radar work?
Radar works by sending out pulses or a continuous signal of radio waves and "listening" for the reflection. A changed frequency indicates motion. Most police forces use radar for measuring speed and enforcing speed limits. Some defendants have, however, been able to successfully challenge radar readings in court.
How does laser detection work?
LIDAR (light detection and ranging) uses laser light to judge the change in distance from the unit to the targeted car, allowing for calculation of the car's speed. The usual target of the laser is the vehicle's license plate, which is easy to see and is a good reflector. LIDAR, unlike radar, is very hard to detect by in car devices.
How many points will be put on my license?
In Ohio points are assigned based on the offence committed. A judge has no discretion on whether or not to assign points. The number of points you will receive if you plead guilty or are convicted of various offences are listed below:
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Offense:
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Ohio R.C. Section
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Points
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Drunk Driving (DUI)
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4511.19
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6
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Hit-Skip / Leave Scene
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4549.02/.021 6
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6
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Driving Under Suspension/
Revocation
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4507.02
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6
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Drag Racing
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4511.251
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6
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Flee/Elude Officer
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2921.331
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6
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Vehicular Assault
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2903.08
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6
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Driving without
Owner's Consent
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2913.03
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6
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Vehicular Homicide
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2903.07
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6
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Reckless Operation
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4511.20
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4
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Juvenile DUI
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4511.19 B
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4
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Stop Sign
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4511.43
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2
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Disregard Traffic Lights
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4511.13-15
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2
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Railroad Crossing Violation
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4511.61-64
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2
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Disregard Traffic Signs
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4511.12
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2
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Hit-Skip on Private Property
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4549.03
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2
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Speeding
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4511.21
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2-4
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Slow Speed
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4511.22
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2
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Following Too Closely
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4511.34
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2
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Wrong Way on One Way
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4511.32
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2
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Left of Center
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4511.29-30
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2
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Fail to Yield to Pedestrian / Blind
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4511.46-47
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2
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Failure to Yield to Emergency / Funeral
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4511.451
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2
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Fail to Stay within Marked Lanes
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4511.33
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2
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Fail to Yield Right Of Way
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4511.41-42
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2
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Improper Passing
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4511.28
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2
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Stopped School Bus Violation
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4511.75
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2
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Fail to Maintain Assured Clear Distance
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4511.34
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2
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Improper Backing
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4511.38
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2
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Driving on Closed Highway
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4511.71
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2
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U-Turn
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4511.37
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2
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Fail to Signal
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4511.39
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2
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Fail to Control
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4511.202
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2
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Impaired Alertness
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4511.79
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0
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Temp. Permit / No Adult
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4507.05
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2
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Curfew Violation
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4507.05
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2
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What happens if I fail to appear at court on the date and time indicated on the traffic ticket?
You may have a warrant issued for your arrest by the court.
What can I do if I have one or more warrants outstanding for my arrest?
Contact Brandon Novosad immediately at 614-221-2144 for assistance with researching and quashing your warrant(s) and for assistance with negotiation of the underlying traffic ticket.
Could I be arrested and taken to jail if a police officer stops me while I have an outstanding warrant?
Yes.
Please contact Brandon Novosad to schedule a free consultation to discuss your case.
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Brandon M. Novosad Co. L.P.A.
35 E. Gay St
Suite 303
Columbus, Ohio 43215
Brandon Novosad
614.221.2144
Email
Fax Line
614.221.2146
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