Show II 1 Traffic Court You Hove Hale Your Y OU Rights Insist on Them I This article Is written with a aview aview view toward educating l people as to their rights In traffic court There are arc very few of us us who do not at one time or another another In our lives come Into contact with a traffic court Most of us do not realize the need for tor strict enforcement of our traffic laws This Is so 0 despite despite despite de de- spite the Ule fact that nearly everyone everyone every everyone one has lost last a d friend nd or relative as the result of a traffic acci dent Last year automobile dente brought d Ih dh h tt to people and Injured more mute than five million others in our coun coun- try Statistics have proven that more than halt half of these accidents could have been avoided If one or both of the parties involved had observed the traffic laws I Although ough there Is a need for strict enforcement of our traffic laws this Is not to say that a person charged with a traffic offense who believes s himself to tobe tobe tobe be Innocent should be denied the opportunity of proving his Inno Inno- cence The purpose of a traffic court courtis is to provide a forum wherein a person ClOn charged with a traffic violation may obtain a fair and Impartial trial Its objective JS is s snot not to punish the violator for tor forthe forthe the sake of ot punishment alone but to Impress upon him the need for traffic law observance and thereby promote traffic safety The procedure followed In traffic court Is generally genera the same as the procedure followed In other courts throughout the State In traffic court you are entitled to a trial before the Judge alone or before a Jury In such a trial If It the charge against you Is not proven a reasonable reasonable rea rea- doubt the Judge will pronounce you not guilty This means that any reasonable doubt as to your guilt will be resolved in your favor Penalties In traffic court are Imposed in accordance with a uniform ball ba schedule adopted by the traffic court conference committee of ot the Utah Safety Council A heavier penalty will wi willbe willbe be Imposed If you have a previous ous OWl had record Every person convicted In traffic court has the right of appeal within thirty days to the District Court where he will be given a new trial By Dy state law and constitution every person charged with a traffic violation has the following following follow fonow- ing rights 1 The right to have an attorney attorney attorney at at- torney represent you before the court If you request time to IV rf s r. r 1 secure re an the m mat f H to bH An t to ti a assure J fOLt ret peo 2 The right t to have a r for ma mitt met complaint riled filed under unde-r oth oath by the oft officer who gave you OU the thet t ticket eket 3 The right to make a plea of ot guilty or a plea of ot not nol I guilty This means that after I the charge Is read by the Judge If It you feel that you have commItted committed com corn matted the violation charged you ou admit this by entering a plea ol ot guilty If It you feel teel that you did not violate the law as charged you should enter a plea of not nol guilty 4 The right to a trial before before be be- fore tore the Judge or a jury In Jn which you may a Ask questions of any tiny officer or witness called by bythe bythe bythe the prosecutor This Is called cross b Testify in your own behalf c Have anyone else who knows the facts appear as your witness end and testify testify tes tes- under oath on your behalf The court will order such wi wit witnesses nesses to appear for you If you request such an order at least three days before beCore the trial 5 The right to a postponement postponement postponement postpone postpone- ment of the trial for a reasonable reasonable reason reason- able period of time if you have havea a good reason I 6 The right to one change of Judge or place of trial upon snowing showing that you may not get a fair and Impartial trial because of the bias or prejudice of the Judge To obtain a change of j Judge dge or place of ot trial It Is necessary that you file an affidavit affidavit affidavit affi affi- davit in writing stating that you have reason to believe and do believe that because of the bias or prejudice of the Judge or Justice or the citizens of the city or precinct that you cannot cannot cannot can can- not have a fair and impartial trial What Happens If You Plead Guilty I 1 The Judge must Impose a penalty In accordance with law lave which will wUl be a fine or a Ja jail sentence or both He may impose impose impose im im- im- im pose a heavier penalty than usual if the offense Is aggravated aggravated aggravated aggra aggra- or if you have a previous bad record 2 If you should later change your mind and decide that you are not guilty you may notwithstanding notwithstanding not not- withstanding your plea of ot guilty guilty guil gull ty ap appeal eal to the District Court and obtain a new trial so long Jong Jongas longas ong as you do so within 30 days 3 Ii Iq moving traffic cases the Judge must report report your Sour ur conviction to state driver license license li license li- li cense authorities who may suspend suspend suspend sus sus- pend your license If the charge is serious or you have repeatedly repeatedly repeatedly repeat repeat- edly violated the traffic laws What Happens If You Plead Not Guilty 1 A date will be he set for your trial You may have a I Jury if you filE a written re request request re- re re-I re quest at least tree three days before before be be- I fore the date set 2 The Judge may r require you OU to leave a deposit of money money money mon mon- ey with the court as bail ball or secure a ball bail bond to assure your appearance on the trial date If you are found not guilty ball bail will wUl be refunded 3 If you are found guilty at your trial you will not be given a heavier penalty because because because be be- cause of your not guilty plea 4 If you do not accept the decision of the Judge or Jury you may appeal your case to the district Court within 30 days If you have any doubt enter entera a plea of not guilty This will vill give you an opportunity to o consult an attorney or friend for or advice The judge Is not allowed to advise you as to what plea you should enter You may Inter later change your plea of not guilty If you decide not to have a trial What Happens In a Traffic Court Trial 1 The judge calls cans your case and asks If you roo and the prosecutor prose- prose are ready If it Is a Jury trial rial the jury Is first Impaneled Impanel impanel- led ed 2 Witnesses for the prosecution prosecution prosecution prose prose- cution are called caned given an oath and testify You can then ask questions of each witness 3 Your witnesses are called given an oath and testify You may nay testify If It you wish to I A ft rJ rv I t. t d w t f i. i 7 II but you yin a cannot b be required to td T the e thin Mf 6 l your t Me e and anti you tu u If It 1 you testify 4 You and the prosecutor make mak any arguments argument you may mayhaW have haW to o the judge or jury 5 The Judge or Jury makes a decision I It If you are arc represented ted by an I attorney he will question witnesses wit wit- witnesses nesses on your behalf conduct the cross cross- cross examination and make arguments to the Ule Judge or Jury for Cor you aU These are your rights when charged with a traffic offense You not only have the Ute prerogative prerogative but the duty as a citizen of a free Cree nation to insist on these rights for the law Jaw Is the basis of all the many freedoms that we as enjoy Insisting on our rights Is the surest way of ot protecting Ut them m. m |