Dec. 16, 2015 – With the holiday season in a full swing, most of us will be attending gatherings with neighbors, friends, and extended family. Many of the people you interact with will know you’re a lawyer, even if they have little or no idea of what you actually do.

Since traffic stops are one common experience shared by many people who might otherwise have little or no need to speak professionally with a lawyer, sooner or later, most lawyers are more likely to face an equally common question: “can you take care of this ticket for me?” There are several things to consider before saying yes.

Impaired Driving, Criminal Offenses

First and foremost, if the “ticket” is for an impaired driving offense, the best thing you can do for yourself and the acquaintance asking the question is to refer them promptly to a lawyer experienced in handling operating under the influence cases. 

Wisconsin is the only state in the union in which an unenhanced first offense drunk driving charge is not criminal, and even then, conviction carries many long-lasting direct and collateral consequences. Second, lawyers must make certain that the charge is not a criminal traffic charge that carries the possibility of jail time. Unless you routinely handle criminal cases, you do not want to cut your teeth on a case that could result in a friend or family member sitting in jail.

Even if the ticket is for a noncriminal traffic offense, there are several things you want to know before saying yes. It is important to find out where the person is licensed to drive.

What might be a good disposition for a Wisconsin driver will not automatically be a good disposition for someone licensed in Illinois, Iowa, Minnesota, or Michigan. If the person asking the question lives in a border area, they may be better off being referred to a lawyer licensed in both states. A person with a license from another state that is charged with a traffic offense in Wisconsin always needs to consult a lawyer in the state where they are licensed, to make certain there are no unexpected consequences in their home state. Unless you plan on taking default responsibility for making this contact, and covering any related expense, it should be made clear that the person you are considering doing this favor for still needs to consult a lawyer in their home state as soon as possible.

“Unless you routinely handle criminal cases, you do not want to cut your teeth on a case that could result in a friend or family member sitting in jail.”

Determining Urgency and Jurisdiction

Next, as the person may not have the citation with them, asking several questions can help determine the urgency of any required response. You need to know when the citation was issued, what specifically it is for, and what police agency wrote that citation.

Knowing the police agency that issued the citation can help you determine what court the citation is returnable to, even if the person asking for your help does not immediately know. The identity of the police agency can also give you a clue as to who will be prosecuting that citation.

For example, Wisconsin State Patrol citations are almost always prosecuted in the circuit court, by the district attorney for the county in which the ticket was issued. Sheriff’s citations are also returnable to the circuit court, and depending upon the county, may be prosecuted either by the district attorney’s office, or the county attorney’s office.

Citations issued by city police departments are usually returnable to municipal courts, unless no municipal court exists in that jurisdiction, in which case they can still be venued in the circuit court. Procedure varies from court to court, and county to county, so it is important to find out when the first court date is, where it is, and who will be prosecuting it before you agree to take the case.

For example, agreeing to try and handle a simple speeding citation in the municipal court in the town where you practice or reside is likely to be less work than trying to handle a State Patrol citation issued while your friend was up north for Thanksgiving.

If the person holds a commercial driver’s license, you need to know what they were driving when they got the ticket, as consequences for commercial operators differ if they are operating commercially at the time the citation was issued.

Finally, it is important to ask what the person said to the police officer when they were stopped. All of the clever lawyering in the world is not likely to get the citation dismissed if the person admitted speeding.

Obtaining Driving Record and Defining the Scope of Representation

You also need to know what the person’s driving record looks like. Most people will have a general idea; however, for purposes of determining the effect of accumulated points, the Wisconsin Department of Transportation (DOT) reviews that calculation from violation date to violation date, so a person who thinks their record is clear “this year” may in fact still have points that will be held against them.

If you do agree to handle the matter, obtain a copy of the driving record. If you don’t do a lot of traffic work, and are not registered in the Public Abstract Request System (PARS), you can request a single record from the DOT by using Form MV2896.

Once you obtain the record, review it to see if the person is looking at potential point trouble, probationary license problems, or habitual traffic offender problems.

In addition, you need to be aware that if the person’s license has been suspended for any reason in the previous twelve months, and the conviction on the new ticket results in another suspension, that person will be occupational ineligible for the duration of the second suspension.

Once you have decided to say “sure, I can do that,” it is best to clearly define exactly what it is that you are going to do. As should always be the case, the goal should be to underpromise, and overdeliver.  Does your friend expect the O.J. Simpson trial, or simply the best deal you can get for them? Do they want to preserve their right to a jury trial if the case is in circuit court? Would they ask for a de novo of an adverse municipal court decision? You need to establish a clear understanding of what you are and are not doing, and put it in writing.

Do not treat “favor” cases any differently than any other case. You need to open a file, put it in your billing system, even if you are handling it pro bono, and make sure that all deadlines get calendared appropriately. Failure to discuss costs, deadlines, and expectations can cause problems, fee or no fee.

Once you have said “yes” you need to calendar the initial appearance, make an open records request for reports and related information, obtain and review the driving record, and review local rules or check with a local attorney regarding the practice in the court in question.

In some jurisdictions, a written not guilty plea followed up with a phone call may suffice to resolve the matter. Others will only discuss the case with you if you show up for an initial appearance. Some jurisdictions schedule formal pretrials, some do not, and policies regarding how to obtain the discovery differ widely. If the matter is going to be disposed of by written stipulation, and you do not have written authorization to appear, the client will need to sign any such stipulation.

Closing the File

Once you have successfully done this favor, you should close out the file formally as you would with any other case. A closing letter that clearly explains your file storage policy needs to be sent, and the file should be stored in the same manner as any other file. If the person for whom you are doing the favor is a potential source of other business, you can also use that closing letter to enclose business cards, or otherwise market your primary area of expertise.

Most of the basic resources that you need to handle a minor traffic violation are available online. Free online access to the applicable statutes and administrative codes revisions are available at the legislature’s website. Free online access to bond schedules and guidelines are available from the court website.

Conclusion

Saying “yes” to such a request may not be as easy as it seems, but it need not be a disaster as long as you follow these basic steps. Doing such a favor may be an opportunity to build good will, and market your primary area of practice, as long as the result is positive. However, dropping the ball can have the opposite effect.

If you give this question some thought before you get to the party, you will be in a better position to answer it. If it all sounds like too much of a hassle for you, there are usually lawyers in every jurisdiction that are known for handling traffic matters, and simply going armed with the name and contact information of a traffic lawyer that you can refer these questions to may be the simplest way to make sure that everyone has a happy holiday.