Traffic violation procedures
in Criminal and Misdemeanor Law ·
Jason Carter4 said:I just received a citation in the mail claiming I failed to yield to a pedestrian in a crosswalk. I’m planning on filing an appeal, but I’m a bit stuck on the strategy. What should I actually include in my statement? Should I just formally contest the decision, or should I go into detail about how I didn't see them? The crosswalk is pretty wide, and the pedestrian might have only just stepped off the curb right as I was passing... Or do I just save all those explanations for when I eventually face the Municipal Court judge??
I'm honestly not quite sure how the current laws regarding this even work...
Thanks for the help
First off, definitely watch your deadline for filing the appeal. You also need to make sure you send it to the right place—usually, it goes back to the police station that issued the ticket, so you'd mail it to their address. Just write at the top that it’s an appeal intended for the Municipal Court in the area where it happened. Make sure you include your case number; it should be right there on the citation. Use the heading "Appeal" and then explain that you are appealing the citation issued by [Agency Name] which you received on [Date]. Personally, I wouldn't say you didn't see the pedestrian; maybe say they were facing the other way and didn't look like they were intending to cross yet. Once you file the appeal, the case moves to the Municipal Court and you’ll be summoned as the defendant. Make sure you show up, because they can actually issue a warrant if you don't. When you get to the hearing, just stick to what you wrote in the appeal. Maybe mention you're on a tight budget, too—sometimes playing for sympathy with the judge helps. Since the new Misdemeanor Act is in effect, things move pretty fast, and it's tough to wait out the statute of limitations, but hey, with a little luck... anyway, good luck.👍