Your License, Our Priority

When I Contest My Traffic Ticket, Do I Have the Right to a Jury Trial?

If you want to have your day in court to fight a traffic ticket, you should learn about the court proceedings in advance so that you know what to expect. You may want to confer with a New Jersey traffic ticket attorney who can explain the relevant court procedures. It is a good idea to prepare thoroughly before your court date to improve your chances of winning the case.

The municipal courts of New Jersey hear cases involving traffic tickets. A municipal court is not a trial court that seats jurors to hear each case. A judge, rather than a jury, will preside over your traffic ticket case and make a decision. This process is called a “bench trial.” New Jersey only provides for a jury trial in felony proceedings such a case for a DWI-related felony. For a traffic ticket without a related felony, you will have a bench trial.

To prepare for a bench trial in front of the municipal court judge, you should learn about your rights under state law. For example, you have a right to hire a New Jersey traffic attorney to represent you in municipal court and speak with the judge on your behalf. If your traffic ticket would likely result in a suspension of your driver’s license, a substantial fine, or jail time, you may be able to ask the municipal court judge to assign an attorney to you.

Whether you hire your own lawyer or ask for a court-appointed one, an attorney can assist you in the preparation of your defense. The strategy for presenting a case to a judge may differ from the strategy used in a jury trial. However, your bench trial may still require presentation of evidence, testimony from experts, and cross-examination of witnesses. Consult with Dan Matrafajlo, New Jersey traffic ticket attorney, to discuss how you can prepare for your case in municipal court.

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