FREQUENTLY ASKED QUESTIONS 
(Answers provided by Judge Britten)

Expired Registration Ticket:

1. I got my registration renewed 31 days after I received my ticket—will my ticket be dismissed?
   No.  The law requires that you renew your registration within 30 days from the date you received the ticket—in calculating those 30 days, the date you received the ticket is not counted.  The date you receive your new current registration sticker must be on or before the 30^th day after you receive your ticket.  There are no exceptions—this is the law.
   
   
2. I got my registration renewed within 30 days after I received my ticket, but I did not pay the penalty fee—will my ticket be dismissed?
   No. The law requires that not only must you get your registration renewed within 30 days from the date you received your ticket, you must also pay the penalty fee for the tax office which is assessed because a ticket for expired registration was received while the vehicle’s registration was expired.If the penalty fee is not paid, your ticket will not be dismissed.There are no exceptions—this is the law.
   
   
3. I have proof that I sold the vehicle after I received my ticket—will my ticket be dismissed because I don’t have the vehicle any more?
   No. The Court is not authorized by law to dismiss a ticket under these circumstances.Unlike the prosecutor, the Court may only dismiss a ticket when authorized by law.
   
   
4. The vehicle belonged to someone else, so I have no way to get the registration renewed—will my ticket be dismissed because it is not my vehicle?
   No. The Court is not authorized by law to dismiss a ticket under these circumstances.  Unlike the prosecutor, the Court may only dismiss a ticket when authorized by law.
   
   
5. I could not get my registration renewed in 30 days because of problems with the title—will my ticket be dismissed?

   No. The Court is not authorized by law to dismiss a ticket under these circumstances.Unlike the prosecutor, the Court may only dismiss a ticket when authorized by law.

No Seat Belt Ticket

1. I was wearing my seatbelt, but I had the shoulder strap underneath my arm because it is uncomfortable to wear it across my chest—will my ticket be dismissed?
   No. The Court is not authorized by law to dismiss  a ticket under these circumstances.  Unlike the prosecutor, the Court can only dismiss a ticket when authorized by law. The law specifically requires that a person commits an offense if they are not wearing  their seatbelt in the manner specified by the manufacturer.
   
   
2. I have a letter from my doctor specifically stating that I have an illness or injury that prevents me from wearing a seatbelt—will my ticket be dismissed if I present this letter to the clerk or the judge?
   Yes, as long as the letter specifically states that you have an illness or injury that prevents you from wearing a seatbelt.

Speeding Ticket

1. My name was misspelled on the ticket, the color of my car was written down incorrectly or the year model of my car was written down incorrectly—will my ticket be dismissed because of this error?
   No. The Court is not authorized by law to dismiss a ticket under these circumstances. Unlike the prosecutor, the Court may only dismiss a ticket when authorized by law.
   
   
2. The speed limit is not listed on my ticket or the speed at which I am alleged to have been going is not listed on my ticket—will my ticket be dismissed because of this error?
   Yes—please bring this to the attention of the clerk or the judge.
   
   
3. I did not see the speed limit sign even though I have gone back and looked and the sign is visible—will my ticket be dismissed because I accidentally did not see the sign?
   No—the Court is not authorized by law to dismiss a ticket under these circumstances.  Unlike the prosecutor, the Court may only dismiss a ticket when authorized by law.
   
   
4. I asked the officer to show me the radar or laser readout and he refused to do so—will my ticket be dismissed because the officer did not show me the read out?
   No—the Court is not authorized by law to dismiss a ticket under these circumstances. Unlike the prosecutor, the Court may only dismiss a ticket when authorized by law.

No Insurance Ticket

1. I did not have insurance at the time I received my ticket, but I obtained insurance in my name after that—will my ticket be dismissed?
   No—the Court is not authorized by law to dismiss a ticket under these circumstances. You may be eligible for deferred adjudication, however, if you provide proof of current insurance covering you as a driver to either the clerk or the judge.
   
   
2. I drive a friend’s car and I am not on their insurance—can I receive deferred adjudication?
   No. The judge’s policy is that a defendant may only receive deferred adjudication for a no insurance ticket if the defendant can show proof that the defendant now has a driver’s license and insurance that covers the defendant as a driver (the defendant must specifically be listed as a covered driver on the insurance policy or card).

Defensive Driving

1. If I set my ticket for court, can I request Defensive Driving from the judge when I get to court?
   No.  Requests for Defensive Driving must be made to the clerk of the court on or before you appear for your  court setting.  If you wait to ask for Defensive Driving until you are before the judge in court, that request will be denied.

General Questions

1. What is deferred adjudication?

   Deferred adjudication, also known as deferred disposition, is a type of probation that is only available after a plea of guilty or no contest.Once a defendant pleads guilty or no contest,the judge can postpone a finding of guilt and place the defendant on deferred adjudication.As long as the defendant follows the terms and conditions of the deferred adjudication, at the end of the probationary period, their ticket will be dismissed.If the defendant violates the terms or conditions of the deferred adjudication, the probation can be revoked and if that happens, then the conviction does appear on the defendant’s driving record or criminal record.

2. Do I need to bring money to court even if I plan to plead not guilty and ask for a trial?

   Yes. You should be prepared to pay your ticket on the day you appear for a court setting, even though you plan to plead not guilty. However, it is possible that you will receive a payment plan and will not have to make a payment on the day of court.It is a good practice to “hope for the best, but plan for the worst.”If you believe that you are indigent, please request an Application for Community Service and return it to the clerk at least three days before your court date.

3. If I have a trial and if I am found guilty, can I still do Defensive Driving or deferred adjudication?
   No.  Both Defensive Driving and deferred adjudication require that you enter a plea of guilty or no contest in order to be eligible for those options—if you enter a plea of not guilty, you are not eligible for those options.  Further, please be advised that if you do have a trial and if you are found guilty, that offense will appear on your driving record or your criminal record.
   
   
4. I have never had a ticket before or this is my first ticket in ___ number of years—can my ticket be dismissed because of this?
   No—the Court is  not authorized by law to dismiss a ticket under these circumstances.   Unlike the prosecutor, the Court may only dismiss a ticket when  authorized by law.
   
   
5. I did not see the street sign, stop sign, speed limit sign, or other sign even though I have gone back and looked and the sign is visible—can my ticket be dismissed simply because I accidentally did not see the sign?
   No—the Court is not authorized by law to dismiss a ticket under these circumstances. Unlike the prosecutor, the Court may only dismiss a ticket when authorized by law.
   
   
6. What if I cannot pay the ticket because I do not have a job or have a low paying job---what can I do?

   Prior to the disposition of your ticket, you  can apply for community service in lieu of paying the fine and costs or you can apply for a reduction of the regular monthly payment.  Please ask the clerk for the application and other information about making this application.

7. What if I received a payment plan, but have now lost my job and would like to do community service?
   
   Prior to your default on the payment plan, you may apply to have your payment plan converted to community service. Please ask the clerk for the application.

8. What if I received community service, but only have completed a partial amount of the hours I received by my deadline---what are my options?
   Prior to your default on the payment plan, you may apply to have your payment plan converted to community service.  Please ask the clerk for the application.