How Do I Make a Motion in Traffic Court?

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Make a motion in court.

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Before you go to traffic court and make a motion, which is a formal request to the judge for an action, obtain a copy of the traffic citation, charges filed and request to fill out the documentation to file a motion from the clerk of courts. In gathering this information before your hearing, you are prepared when the charges are read. A motion is generally filed with the court prior to your initial hearing. When filing your motion, be sure to attach all supporting documentation.

Contact the police department and request a coy of your traffic citation and pay any copy fee that may apply. Call or go to the Clerk of Courts and request paperwork to file a motion and a copy of any documents related to your case. Pay any fees for filing or copying of documents. It may take several requests to receive the documentation you asked for, so don't hesitate to check back and make multiple requests.

Fill out the motion completely. You are the "Applicant/Defendant," fill in the citation information, charge and court date. Check the reason(s) you are requesting the motion from the options presented. Some examples of motions can be for a continuance, a request for discovery, a pre-judgment or to exclude evidence.

Appear before the judge on your initial appearance this date is also known as an arraignment. This is where the charge(s) are read to you and you enter a plea. It is recommended to plead "not guilty." During the arraignment, the prosecutor may offer you a deal, instead of declining state that you want time to consider the offer. The court will then schedule another date for you to re-enter your plea.

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