You’re driving along minding your business when the flashing blue lights appear in your rear-view mirror. You pull over to let the police car go by and your heart sinks when he pulls up behind you. You go through the customary steps, finding out why you’ve been pulled over, offering license and registration, and receiving the citation and a caution not to do it again. Back on the road you’re annoyed at the inconvenience and financial hit but resign yourself to paying the fine and moving on. But should you just pay it and move on? Is appealing that traffic ticket worth the headache? Your answer depends on a couple of things.

Before deciding whether to appeal a traffic citation, it’s important to understand the type of offense you’ve received. Is it a civil infraction—like a minor speeding ticket—or a criminal charge, such as reckless driving or driving under the influence? Civil infractions typically involve a fine and sometimes points on your license. But even some civil citations can lead to higher insurance premiums, license suspensions, or employment issues, especially for commercial drivers. If your citation is criminal in nature, or if a civil offense could result in lasting consequences beyond the fine, it’s often worth appealing or at least consulting an attorney first.

If you decide to move forward with an appeal, it’s important to understand that the process is not like a new trial. You won’t present new evidence or call witnesses. Instead, an appellate court reviews the original case to determine whether legal errors were made. In most jurisdictions, the court assumes the traffic judge ruled correctly, and it’s your responsibility to prove otherwise.

However, in some areas, the court may review the case de novo—meaning it takes a fresh look at the evidence without deferring to the lower court’s decision. The appeal process generally involves filing a notice within a set deadline, preparing a summary of what happened at trial (called a “settled statement”), and submitting written legal arguments. Oral arguments may also be part of the process, though they’re typically brief. Because appeals are complex and vary by state, having a traffic attorney guide you through the steps can improve your chances of success.

If you are in doubt about whether to appeal a traffic infraction, you should contact us. We can help you determine any long term-consequences that might exist and help you make an informed decision about whether to pay the fine or appeal.  If you need legal help, call or text us. Contant Law 617-227-8383.

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