Examining Your Citation
Assess why you received a citation. If you were pulled over for any number of reasons and the police officer found out you were driving with an expired license, you probably received a citation. The type of citation you received, if you received one at all, was at the discretion of the officer. The reason you likely received the citation you did likely depended on: Whether you were friendly to the officer (e.g., did you treat the officer with respect and dignity) What caused the officer to pull you over (e.g., do you have a warrant out for your arrest or was your taillight not working) How expired is your license (e.g., did it expire two days ago or two months ago)
Determine if you were written up with an infraction. At the end of the traffic stop, the officer will hand you a piece of paper. This piece of paper will either be a warning or a citation. If it is a warning, you do not need to prepare for court. If you received a citation, read through it thoroughly to understand what you have to do to prepare for court. In most states, citations will have boxes that can be checked by officers indicating whether the citation is for an infraction (i.e., violation), misdemeanor, or felony. Find this area of your citation and see what box is checked. If you were written up with an infraction, you most likely will not need to prepare for, or attend, any court hearings. The penalty for an infraction is a small fine. For example, in California, the fine is a maximum of $250. In Delaware, the maximum fine is $100.
Analyze whether you were written up with a misdemeanor. If you were written up with a misdemeanor, you will need to prepare for court. A misdemeanor is much more severe than an infraction. One of the most important factors officers will consider when deciding whether to cite you for an infraction or a misdemeanor is your driving history. If this is your first offense, the officer will usually only cite you for an infraction. However, if you are a repeat offender, you may be written up for a misdemeanor. If you were cited for a misdemeanor and are found guilty, you may have to take part in probation, spend time in jail, pay large fines, and/or have your car impounded.
Read the remaining portion of your citation. The citation you receive from the officer will contain other important information you need to know. The citation will include the officer’s information, a reference to the law you are alleged to have violated, the amount of the fine, and the date of your first court appearance. Make sure you make a note of all this information so you can use it to prepare for court.
Understand the legal process after getting cited. After you receive a citation from an officer, that officer will submit a report to the prosecutor’s office in your community. The prosecutor will review the evidence submitted and decide how to charge you. For minor legal violations such as driving with an expired license, the prosecutor will generally agree with whatever the officer did. However, because the prosecutor has the autonomy to choose how to proceed, he or she may choose to reduce your charge or even dismiss it altogether. Once a charge has been filed by the prosecution, the court will have a record of your alleged violation. When you arrive for your first court appearance, which is indicated on your citation, the judge will have all the information in front of him or her.
Preparing for Your Misdemeanor Court Appearance
Hire a lawyer. The choice to hire a lawyer will largely depend on the citation you received and the facts surrounding your case. If you were charged with an infraction, the case can usually be handled on your own at your initial court appearance. However, if you were charged with a misdemeanor and the case seems complicated, hiring a lawyer may be the best option. Most criminal defense lawyers will take on these cases for small flat fees (usually a few hundred dollars). To hire a lawyer, contact your state bar association’s lawyer referral service. After answering a few general questions about your case, you will be put in touch with qualified lawyers in your area. Make sure your lawyer knows about the intricacies of handling citation-based cases. These cases are usually resolved at the very first court appearance, which means your lawyer will need to be prepared.
Review the law. Whether you hire a lawyer to help or not, it is important to understand the law so you know how to defend yourself. In general, state laws make it an offense to drive a motor vehicle on a road without a valid license. One form of invalid license is one that is expired. If the prosecutor wants to prove you are guilty of this offense, he or she will need to prove (1) that you drove on a street and (2) that, at the time you drove, you did not hold a valid license. The first element will usually not be at issue considering you were most likely pulled over by an officer while driving a car on the road. The burden of proof in these cases is different from most criminal offenses. The prosecution does not bear the burden of proving both elements beyond a reasonable doubt. Instead, the prosecution simply has to allege that you weren’t properly licensed when you drove. After that, if you want to beat the allegation, the burden will shift and you will have to prove that you were licensed.
Postpone the proceedings. If you did indeed drive with an expired license, the first step in preparing for court is to postpone the proceedings long enough so you have time to obtain a valid license. Most prosecutors and courts will allow you to postpone so you have enough time to do this. To ask for a postponement, you need to send a letter to the court and prosecutor asking for more time. This is generally called a “continuance request.” When you draft a continuance request, you need to tell the court why you are asking for one. In addition, you need to tell the court whether the prosecution is okay with the postponement.
Obtain a new, valid license. If you can get the proceedings postponed long enough to get a new license, most courts and/or prosecutors will reduce a misdemeanor charge to an infraction. If you were charged with an infraction, a lot of courts will reduce the amount of your fine or even dismiss your case. To get a new and valid license, get a ride to your local DMV and apply for a renewal. Do not drive. Because your license has already expired, you will probably have to pay late fees when you get a new license.
Gather favorable evidence. The best legal defense to driving with an expired license is to show that you actually did have a license when you were stopped. Remember, the burden of proof will be on you to do this. Therefore, you need to collect as much evidence as possible to help you prove your case. If you had renewed your license prior to getting pulled over, bring DMV paperwork to the court showing this. If you renewed your license in between being cited and going to court, bring your new license to court. While it is ultimately your responsibility to know when your license expires, you may be able to argue that you had moved recently and did not get your renewal notice. If this is the case, bring documents that prove your move. Be careful, however, because it is also a fineable offense to not change your address promptly with the DMV. You might also be able to argue that you did not have the documents required to renew your license. In some states you need to show birth certificates, Social Security cards, and even two bills that prove your current place of residence. If you do not have access to all these documents, gather evidence that proves that (e.g., bills that show that your roommate’s name).
Going to Court
Arrive early. On the day of your initial court hearing, arrive at the courthouse early. Do not drive to the courthouse if your license is still expired. Leave yourself enough time to get through security and find your courtroom. You will not be allowed to bring in any weapons, drugs, or anything else that could harm an individual. Once you find your courtroom, sit quietly until your case is called.
Ask the judge to have the charge dismissed. Once your case is called, move to the front of the courtroom and sit and the appropriate table. The judge will preside over the hearing and will ask you questions. Stand up when you address the judge. When you get started, tell the judge that you would like the charge dismissed. The judge will ask you why and you will need to explain yourself. You will have a pretty good argument for having the charge dismissed if you can show: Your license was valid when you were pulled over Your license was expired but you have a valid excuse (e.g., did not get the renewal letter or do not have the documents necessary to renew) You were charged with an infraction and you went and renewed your license
Request that the charge be reduced. If the judge does not allow the charge to be dismissed, ask that the charge be reduced. This should be your alternative argument when you were charged with a misdemeanor. If you were charged with an infraction, the charge itself cannot be reduced any further. To make a convincing argument to have the charge reduced from a misdemeanor to an infraction, you will need to provide the following: Evidence that this is your first offense and that you truly are remorseful Evidence that you have corrected the expired license Evidence that you do not plan on having this happen again
Determine whether the penalties can be reduced if you enter an acceptable plea. If the judge will not or cannot dismiss or reduce your charge, you should alternatively seek to have your penalties reduced. If you do want to reduce your penalties at this stage of the case, you will usually have to plead either guilty or no contest. This is the case because if you plan on pleading not guilty, you would be arguing that no penalties should be imposed at all. If you do not have any great defenses to driving with an expired license, this is the best route for you. Apologize for your actions and show the court that you have corrected the problem (i.e., you have renewed your license). If you do this, the court will likely work with you.
Have the matter resolved immediately. These cases are usually resolved at the very first court appearance. If the charge is dismissed, make sure you get paperwork showing that. If the misdemeanor charge was reduced to an infraction, or if your penalties were reduced, you will usually be required to plead guilty or no contest in exchange for the reduction. To plead guilty or no contest, tell the judge that you will agree to the reductions in exchange for the plea. Tell the judge that you plead guilty or no contest. The judge will then wrap up the case and tell you what your final penalty will be.
Go to trial. In very rare circumstances you may choose to go to trial to resolve the charge of driving with an expired license. This is usually advised against because the cost of going to trial will far outweigh any fine that could possibly be levied against you. However, if you have the money and you are confident in your case, you may choose to plead not guilty and go to trial. At trial you will present evidence of your innocence in the form of witness testimony and documentary evidence. The judge will review your case and make a determination. If you win, the charge will be dropped and your case will be over. If you lose, you will have to pay the fine and/or suffer the other penalties levied against you.
Avoiding Court with an Infraction
Contact the courthouse about getting the fine reduced. If you were charged with an infraction for driving with an expired license, you will not need to attend any court hearing so long as you pay the fine in a timely manner. In a lot of situations, the court will have the ability to reduce fines, especially if you are a first time offender. This is often the case because state statutes offer a minimum fine amount and a maximum fine amount. For example, in Delaware, the minimum fine is $25 while the maximum is $100. The officer will usually put the maximum fine amount in an attempt to solicit the most money possible. If you call the courthouse, they will usually reduce the fine automatically without having to show any evidence or explain yourself. The fine will be reduced and you will be given a new total to pay. While some infractions cannot or will not be reduced this way, it is always worth trying. If court administrators say they are unable to reduce the fine, you can either pay the full amount or go to court and ask to have it reduced.
Pay the fine. Once you have settled on a fine amount with the court, you need to pay the fine. Your citation will have detailed instructions regarding how to pay. In most cases, you will either mail in your payment and citation or pay the fine online. If you pay through the mail, do not send cash. Send a check, which should be attached to your citation so the court knows how to process the payment. The address you send your paperwork to will be located on the citation. If you pay online, visit the website indicated on your citation. Follow the onscreen instructions so your record can be accessed. When you are prompted to pay, you will usually have to do so using a credit or debit card. Type in the information and submit your payment.
Get a receipt. After your payment has been processed, make sure you get a receipt from the court. This receipt will need to be kept in case the court mistakenly thinks you haven’t paid. If you paid online, the receipt should be emailed to you or it will pop up immediately after paying. If you paid through the mail, obtaining a receipt could be more difficult. After the money has been withdrawn from your account, call the court and ask to have a record of the payment sent to your email address. If they are unable to do this, stop by the courthouse in-person to work it out.
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