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Don’t automatically pay the ticket

By Posted : July 01, 2015
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/auto-insurance/auto-insurance-basics/keep-a-speeding-ticket-off-your-record.html Mark Vallet

Keep a speeding ticket off your record

Woman pulled over by policeOnce those blue lights flash, you’ll almost certainly have to pay -- a fine, a lawyer, the cost of a defensive driving class or an “administrative fee.”

The real question is whether you will go on paying for a speeding ticket even after that, in the form of increased car insurance rates.

Depending on how fast you were going, the pain can be severe. According to data gathered for Insurance.com by Quadrant Information Services, a single speeding ticket 11 to 15 mph over the limit raises rates, on average, about 15 percent.

/auto-insurance/auto-insurance-basics/keep-a-speeding-ticket-off-your-record-2.html Mark Vallet

Not all tickets are created equal

Officer issuing ticket (Photo: iStockPhoto)

You may get lucky with that ticket if it’s the only one on your record, says consumer analyst Penny Gusner of Insure.com. “Some insurers cut motorists some slack and won’t surcharge on a minor violation,” says Gusner. (See which tickets are most likely to affect your insurance.)

But what you really don’t want is a second moving violation during your insurance company’s look-back period, usually three years, says Insurance.com Managing Editor Des Toups.

“One is a mistake,” Toups says. “Two is a pattern of risk.”

That second ticket typically nets an average 38 percent increase in rates, according to Quadrant.

/auto-insurance/auto-insurance-basics/keep-a-speeding-ticket-off-your-record-3.html Mark Vallet

Pay now, pay more later

Confused young woman (Photo: Insurance.com)That surcharge, or penalty, will hang around long after you forget why you were speeding that day in the first place.

“It varies by insurer, but a speeding ticket can affect your insurance premium for at least three years,” says Kristofer Kirchen, with Advanced Insurance Managers in Tampa, Florida.

Insurers are not automatically notified of a speeding transgression. Instead, they have to pull your DMV record, which costs them money.  “Most insurers will only pull your record once a year, even less if you have a clean record,” says Kirchen.

While you may not see a ticket surcharge for one or two renewal periods, inevitably your car insurance company will get wind of your moving violation.

/auto-insurance/auto-insurance-basics/keep-a-speeding-ticket-off-your-record-4.html Mark Vallet

You have options

Driver's license (Photo: iStockPhoto)The best way to avoid a premium increase is to avoid the ticket in the first place.

Your next best bet is to keep the citation from hitting your driving record by making a deal. You have two things working in your favor: Trials are expensive, and the state usually just wants your money, not revenge.

Finally, you can roll the dice by going to court.

“You'll almost always have a better outcome if you fight your ticket,” says John Bowman with the National Motorists Association (NMA). “When you fight, you have the chance of getting a dismissal, or at least reduced penalties,” he says.

The NMA estimates that only 5 percent of people fight a ticket.

/auto-insurance/auto-insurance-basics/keep-a-speeding-ticket-off-your-record-5.html Mark Vallet

Don’t automatically pay the ticket

Writing a check (Photo: iStockPhoto)When it comes to a traffic ticket, take your time. In most jurisdictions you have at least 30 days to pay the fine or enter a plea. Use the time to explore your options. The website for the clerk’s office of the court listed at the bottom of your ticket is a good place to start.

“First and foremost, don’t pay your ticket, since it essentially admits guilt,” warns Bradley Groene, with Luftman, Heck & Associates in Cincinnati.

Your options will vary depending on your jurisdiction, but you can:

  • Pay the fine, admit guilt and ensure that any moving violation appears on your state driving record, where your insurer can find it.
  • Contest the ticket and ask for your date in traffic court. You should get the chance to plea bargain. If you go to trial and lose, you pay the fine and the ticket goes on your record. You may have to pay court costs as well.
  • Seek traffic school or deferred adjudication, which would prevent a moving violation conviction from appearing on your driving record.

If your offense is minor – say, speeding at 10 mph over the limit outside a school or construction zone – and your record is otherwise pretty clean, you’ll probably be offered some means of avoiding both a court appearance and a black mark on your record.

/auto-insurance/auto-insurance-basics/keep-a-speeding-ticket-off-your-record-6.html Mark Vallet

Ask for a deferral

Calendar (Photo: iStockPhoto)A deferral means that the court finds you guilty but defers entering those findings for a certain amount of time; a year is common. If you get through the deferral period without any citations, the ticket will be dismissed or marked “adjudication withheld.”  

However, if you get another ticket in the deferral period, both tickets hit your record and your insurance will probably skyrocket as a high-risk driver.

There is usually a fee of $100 to $150. There may be a limit on the number of deferrals you are granted. In Washington, for example, it’s one every seven years. You’re unlikely to be offered a deferral if your record is already checkered, or for some violations, such as school-zone violations.

 

/auto-insurance/auto-insurance-basics/keep-a-speeding-ticket-off-your-record-7.html Mark Vallet

Ask for traffic school

Traffic school (Photo: iStockPhoto)A defensive driving course as an alternative resolution is not available in every state or for every infraction, but it can be a lifesaver.

“This is not always an option, but if it is, take it,” advises Gusner. “Your ticket will be deferred, and upon proof of course completion the ticket will be dismissed or marked as ‘adjudication withheld.’ Your insurer will never know.”

Expect to pay a fee for the class itself and administrative or court fees on top of that.

Some states limit how often you can use a traffic school option; Florida, for example, limits you to once a year, and in California, it’s 18 months.

/auto-insurance/auto-insurance-basics/keep-a-speeding-ticket-off-your-record-8.html Mark Vallet

Ask for a better deal

Plea bargain (Photo: iStockPhoto)In some jurisdictions it’s possible to contact the clerk of court or the prosecutor handling your case and ask to have your offense knocked down to a non-moving violation.  You also may be able to approach the prosecutor on your appearance date before your case is called.

You may have to pay court costs and a fine, but if your insurer is none the wiser it could be worth the effort.

Plea bargaining isn’t permitted everywhere.

You also may be able to ask for mitigation, pleading guilty but presenting your side of the story. Basically, you are asking the judge to lower your fine. Many states allow you to mitigate via written statements.

The outcome is up to the judge. The fine may be lowered or stay the same, and it cannot increase. Regardless of what happens to the fine, you are pleading guilty, the infraction will end up on your DMV record, and eventually your insurer will find out.

/auto-insurance/auto-insurance-basics/keep-a-speeding-ticket-off-your-record-9.html Mark Vallet

Contest the ticket

Courtroom (Photo: iStockPhoto)Here you plead not guilty and go to court to argue with your accuser, alone or with the help of a lawyer.

A lawyer is not a requirement in traffic court, but hiring one can make things easier.

While you may imagine yourself as Perry Mason, there is a good chance court will be intimidating. “Most people don't have experience with traffic law. It's very easy to make a mistake in explaining your side of what happened,” warns Groene.

You can call witnesses and present evidence. Your main goal is to create enough doubt, or even sympathy, to get the ticket dismissed or knocked down to a non-moving violation.

“For major violations like a DUI, or if my license were at stake, there’s no way  I would go to court without a lawyer,” Toups says.

/auto-insurance/auto-insurance-basics/keep-a-speeding-ticket-off-your-record-10.html Mark Vallet

Guilty? Limit the damage

Speedometer (Photo: iStockPhoto)For whatever reason, you now have a conviction for a moving violation on your record, a fine to pay and a possible increase in your insurance rates to deal with. Consider these options:

Paying the fine: Many courts will accept payments over time. You may be able to ask for community service in lieu of a fine.

Removing driver’s license points: Some states – Delaware, Georgia, Idaho, Nevada, New York and Virginia among them – allow you to remove points from your motor vehicle record by completing a traffic school course. You may see an insurance discount as well. (See “10 things you need to know about driver’s license points.”

Shopping around: Insurance companies use their own point systems for traffic violations, and they’re all different. Comparing car insurance quotes can save you money. For example, looking at rates from six major carriers in Rapid City, South Dakota, for a driver with two 11 mph-over speeding violations:

  • Two declined to offer the driver a quote.
  • Three raised rates at least 44 percent.
  • One raised rates 11 percent.
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