Traffic Ticket: Which box do I check?

You only have 30 days to respond to your ticket (33 days if the ticket is mailed to you) in most courts. The Court will take a default judgment against you if you do not send your ticket back in time. This means that the ticket will be found committed, you will have to pay the fine amount listed on your ticket and the Court will send notice to the Department of Licensing, who will list the ticket on your driving record for the next three years. The ticket will have three check boxes above your signature block, but which option do you choose?

Short Answer:

For moving offenses, you will generally want to check the bottom box marked 'Contested Hearing'. For non-moving offenses, you will generally want to check the middle box, 'Mitigation Hearing'. There are exceptions so when in doubt, call an attorney who can help.

Longer Answer:

Option 1 – Admit you did it and pay the fine. I’m not sure why anyone would choose this option.

Advantages: Once you send your ticket back and pay the money, you’re done.

Disadvantages: This will cause the ticket to be reported on your driving record for three years in most cases, which may cause your car insurance rates to rise. You also agree to pay the entire fine.

Option 2 – Mitigation. This option has all the bad consequences of option 1 but the Court will consider reducing the price of the ticket. Be aware that the Court has a minimum charge (generally 80 to 90 dollars) and will not reduce your ticket below that amount. However, choosing this option may allow you to take advantage of programs like a Deferred Finding or Alive at 25 classes.

Option 3 – Contested.

What it says:

I want to contest (challenge) this infraction. I did not commit the infraction. Please send me a court date, and I promise to appear on that date. The State must prove by a preponderance of the evidence that I committed the infraction. I know I can require (subpoena) witnesses, including the officer who wrote the ticket to attend the hearing. The court will tell me how to request a witness’s appearance. I understand this will go on my driving record if I lose and “traffic” is checked.

What it should say:

How am I supposed to know if the State can prove their case? Allow me to have a hearing and enough time to get the police reports so I can decide for myself if the prosecutor can prove it. This option leaves open all of the options above as well as optional programs like a Deferred Finding. If I lose, I do not risk an increase in ticket price and the ticket will be reported on my driving record, just like it would be with either of the first two options. The court may also allow me to make payments on any fine amount, if needed.