Getting a traffic ticket is never a pleasant experience. Besides the expensive fines particularly when cited after a car accident, drivers could receive points on their license and a traffic conviction on their driving record. After enough points have accumulated, drivers may have their driving privileges revoked or see increased car insurance rates if filing car accident claims with their insurance carrier. In certain circumstances, traffic ticket and car accident attorneys suggest having a ticket deferred. Through deferment, drivers may be able to avoid a conviction on their driving record.
What Is Ticket Deferral?
Ticket deferral is a continuation of a traffic violation that allows drivers to meet court designated requirements in exchange for their ticket being dismissed. Not every violation is deferrable, nor is every allowable violation deferred in every jurisdiction. Cited drivers must file a request for a deferral in traffic court within a specific time period. If the motion to defer is granted, they must then meet the requirements set forth for the deferment. Once these requirements have been met, the ticket will be dismissed with no violation conviction or points appearing on the driver’s record.
How Do Ticket Deferrals Work?
After filing a request to have a ticket deferred, drivers and their car accident attorneys must appear before the traffic court. If a deferment is granted by the judge, the driver must pay a fine and maintain a clean driving record for the next 12 months, after which the deferred violation will be dismissed. Should a driver receive any additional violations during this time, whether related to car accidents or other traffic violations, the deferment is removed and the driver is then responsible for both current violations as well as the deferred one.
A ticket deferral may only be filed once within a 7-year period for both moving and non-moving violations. A judge may refuse to grant a deferment at any time based on a person’s driving record or other details related to the violation.
Who Should Request A Ticket Deferral?
Although it may seem as if most anyone could benefit by requesting a ticket deferral, car accident attorneys recommend they be used only as a last resort to avoid substantial consequences. They should not be relied upon to get a first or second ticket dismissed. They should be used only when loss of driving privileges could result because of an additional violation conviction on a driver’s record.
They may also be useful in preventing a conviction that may affect a driver’s insurance coverage. This is especially true if an insurance company may significantly increase rates or even drop a policy due to numerous car accident claims or traffic violations. Commercial drivers are ineligible for ticket deferral.
A ticket deferment can be a useful option for drivers who need it most. When the loss of a driver’s license is at stake or a driver may lose their car accident claims insurance because of additional violations, it is important to contact experienced car accident attorneys immediately to discuss individual circumstances. Where necessary and possible, a ticket deferment may give certain drivers a second chance at being able to drive by avoiding a violation conviction on their driving record!
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