If I wrongly received a citation for racing and have no lawyer can I represent myself, can I get the charge reduce or dropped?

UPDATED: Jul 20, 2015

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If I wrongly received a citation for racing and have no lawyer can I represent myself, can I get the charge reduce or dropped?

The 2 guys that were racing tried to tell the officer that stopped us that I was not a participant.

Asked on July 20, 2015 under Criminal Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

1) Yes, you can represent yourself, but the old saying that "someone who represents himself has a fool for a client" has alot of validity. An attorney will greatly increase your chance of a good outcome, through his knowledge of the law, of court procedure, and, honestly, through the fact that prosecutors and judges tend to take lawyers more seriously, especially ones who regularly practice in that court and have earned trust. You don't indicate the exact citation you received; if it's for a fine only (no points), the representing yourself is a valid choice, since it may be that the attorney would cost more than you'd save with a reduction in the fine; but if there are points on your license associated with it, you should hire an attorey to help you, to reduce those points (which will affect insurance costs, among other things) and even possibly eliminate them by getting you a plea deal to a no-points fine.

2) Yes, the charge can be reduced or dropped. Key factors in this are: a) an otherwise clean driving record; b) evidence or testimony in your favor, which you seem to have; c) a logical explanation for the violation, which explanation is reasonable or symathetic; d) expressing contrition (without going overboard and making it unbelievable); and e) expressing a willingness to take a driver safety course, if the court wants you to.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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