I got a traffic infraction today, none was hurt. will i be able to get it deferred?
4 attorney answers
This depends on a lot of things, such as how fast you were going and your driving history. Some courts interpret the law allowing deferred findings to NOT allow deferrals for intermediate license holders; others have a policy of NOT granting deferred findings for intermediate license holders. Ultimately, it is up to the judge.
As a new driver you will likely get another ticket in the next 7 years (you can only petition the court for a deferred finding once every 7 years). Hire an attorney to help you with this and save the deferral for a time when you have no other options.
Deferrals are at the discretion of the court, meaning the court does not have to allow you to enter one. Some courts do not allow deferrals for school zone tickets, construction zone, and I have seen a court deny a deferral in an accident case. That being said, in your case I would guess you can likely enter into a deferral based on your brief stayement. However, I agree with the previous attorney answer that you would be wisest to save the deferral and hire an experienced traffic attorney to try and keep this off your record. The cost will be about the same, experienced attorneys have a high success rate in protecting your record, and you will not have a ticket on deferral hanging over your head for a period of time, usually one year. Although you've never had another violation, anything can happen, and risking getting another ticket while on deferral and having that deferral revoked while you have an intermediate license could be disasterous for you. Hiring an attorney gives you the best chance to both protect your driving record and avoid potential consequences later that a deferral can bring.
This answer is my personal opinion and is offered for informational purposes only. This is not a legal opinion, legal advice, and does not create an attorney-client relationship. www.dellinolaw.com (206)659 -6839
You can petition the Court for a deferred finding. Ultimately, it is up to the Judge whether they want to grant it or not. In most circumstances, the court will grant one if you are eligible. With that being said, I would not recommend using your deferred finding on your first ticket. It is important to understand that if you choose to use your deferred finding now you will not be eligible for another one for 7 years. Also, you will have a probationary period for 6-12 months. Meaning that if you get another ticket in that time frame this ticket will go on your record. The best time to use your deferred finding is when you have no other options available to you.
As my colleague stated you should really consult with an attorney. A good traffic ticket attorney can likely keep this off your record without utilizing your deferred finding. Best of luck to you!
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.
You will likely be able to get a deferral however I would recommend that you save your deferral and hire an attorney because for close to the same price as the deferral an attorney will likely be able to keep it off of your record.