When an individual gets a speeding ticket or other type of civil traffic or non-traffic infraction, the person can choose to pay the ticket, mitigate the ticket, or fight (contest) the ticket. At this stage where a ticket is issued at the roadside or later by postal mail, the driver has the above options. The way to try to keep a ticket off the record is by contesting (fighting) the ticket. Contested hearings occur in district and municipal courts.

But what happens if a driver loses at the contested hearing stage? What happens if something really unusual happens, such as the driver is having trouble even getting a hearing? What are the remedies?

The remedy for a person who has had a contested hearing and has lost the hearing is an appeal. A person whose ticket is found “committed” has a right to appeal to the Superior Court. Similarly, a person found guilty of a criminal offense in a district or municipal court also has the right to appeal to the Superior Court.

If you have already had a hearing or you are an attorney that has already represented a person in a hearing and you are looking for what to do next, the Appeals section might be for you.

If you are presently in a proceeding or you are an attorney in the midst of a proceeding where something strange or unusual has occurred, see the Special Proceedings section.

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Superior Court RALJ and other appeals

One of the most commons calls I get is from a driver who tells me that a police officer issued a ticket and he or she wishes to fight the ticket. At t...

Writs of Mandamus and Prohibition

A writ proceeding is often categorized as a "special proceeding" because the proceeding is unusual, the procedural rules are different from ordinary c...