Traffic Court
prytocorduroy
Posts: 4,355
I have a court date this Friday for speeding last month. Here's what happened: I was headed to class (one I had an exam for that day, in 15 minutes, seriously) and there is a steep hill near the campus. The limit is 25 and I was clocked at 43 at the bottom of the hill. Now I've been back several times to test how much I gained from coasting, which is about 8-11 miles per hour. So I figure that put me at driving 35 or so and picking the rest up from gravity.
Anyways, I've been told to plead not guilty and then explain myself.
I have also been told to plead guilty and hopefully be able to explain myself.
What would you suggest I do? Pleading not guilty would result in me admitting guilt in my explanation because I was speeding, but it wasn't on purpose.
Any help would be greatly appreciated as this is my first offense and I don't know what to do or say.
Anyways, I've been told to plead not guilty and then explain myself.
I have also been told to plead guilty and hopefully be able to explain myself.
What would you suggest I do? Pleading not guilty would result in me admitting guilt in my explanation because I was speeding, but it wasn't on purpose.
Any help would be greatly appreciated as this is my first offense and I don't know what to do or say.
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Good luck whatever you decide to do.
Pax!
I think he's wanting to argue that he wasn't going 43 mph. Although I've never had a ticket, 8 mph makes a big different in what you're spending, I'm guessing.
Then again, you could be right, I could be wrong.
And unfortunately I don't see them changing anything even you do explain yourself. But that doesn't mean you shouldn't try.
I don't really care about paying the fine, but I'm hoping for a PBJ to be honest. Or that the cop doesn't show up and it gets tossed out. Not a huge deal what happens I suppose, I just don't know what to do in a court situation.
I made it on time and got an A by the way....
I wasn't trying to come down on you. Just thinking about how a judge would see it that's all. I totally relate to your distraction. It certainly doesn't hurt to try and fight it. Good luck to you and way to go on the A.
Your only chance is if you live in a state that requires the officer to be present at the trial to fulfill the requirement for adequate prosecution.
In California, if the cop does not show up to trial, then the case is dismissed for lack of prosecution.
I've gotten out of 3 tickets that way.
However, for my last ticket, the cop actually showed up to trial and -I kid you not- he lied to the judge about certain aspects of the events that took place.
I'm actually getting ready to write that cop's supervisor, the judge, and whoever else until I get acknowledgement that the cop has been at least spoken to about perjuring himself in a court of law.
Anyhow, what you want to do is actually contest the ticket via a written statement, not through a trial.
When you contest it via a letter, the cop is required to furnish to the judge a great deal of evidence and information regarding the incident and put it in his letter.
Most cops will not do this.
But, if the cop does do this, and the judge decides in favor of the cop, then you still can take it to trial.
Depending on the judge, you may be able to opt for traffic school if the cop shows up to trial and prosecutes you.
My judge was the first judge I've seen who refuses to grant traffic school once you decide to take it to trial. That is, when I sit down to begin the trial, I am asked if I want traffic school or to take it to trial.
And that's when my cop actually started lying. It was one of those life experiences that reaffirm my suspicion for authority.
http://forums.pearljam.com/showthread.php?t=272825
I know, I got a really bad speeding ticket and I went to court. I was nearly the last person so I had to sit through every else's excuses. In my county, the judge was way more lenient on people your age than to us oldsters. My $170 ticket was reduced by half, but with court costs I think I paid $90? I was put on probation for 1 year. The judge asked the cop what I was like when he pulled me over and he said I was nice. He said he likes to see people go 3-4 years without a ticket. Also, before I made my decision to go, I called a lawyer and spoke with his paralegal. She asked the lawyer the questions for me and it was free. She looked things up in the book for me like how many miles over is wreckless driving, etc. (If you are going 18 miles per hour over the speed limit on the beltway, you are in trouble, it's different for lower speeds.)
8/08 - Ed solo in DC, 6/09 Ed in B'more,
10/10 - Brad in B'more
Keepin us close, so close... on down the line... sometimes I burn like a dot on the sun
It's pretty much a given that you just send off the cheque and be more careful in future. Anyone I've heard of contest it, they get clobbered, court costs too :eek:
Wow this is exactly what i was going to say and it worked for me in southern MD where I got a ticket for 71-55. I was upset with the $100 amt. I took my driving record and my story plead NG, and had the ticket reduced to $25+ court costs no points. So good luck but your driving record will surely be the key.
Peace
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*The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite INSANE*....Nikola Tesla(a man who shaped our world of electricity with his futuristic inventions)
Clean record; good student about to graduate in two weeks. 23 year old male unfortunately, that damn sexist stereotype may be against me despite my other outstanding qualities!
Did you hit a dog or any small elderly types?
I've had a clean driving record for 9 years and this last ticket I got for a U-turn is going to increase my rate by 35%, which is crazy. It's just not logical that I am 35% more likely to get into an accident just because of a U-turn.
In fact I think the government is currently looking into how insurance companies calculate their rates. There's definitely something fishy going on.
http://forums.pearljam.com/showthread.php?t=272825
Yeah, leave that "one" time out, and explaining that all around you are a good guy, you might stand a chance. Maybe.
as far as your explanation to the judge... he probably doesn't want to hear it. odds are you won't be the first one called to the stand, so listen to what the other drivers have to say about their ticket and listen to what the judge says in response. get a feel for him. if he is an ass to them, he is going to be an ass to you... save your breath and be happy the cop was able to give you a lower offense.
first man to buy all of Stones
underpants" E.V. during DTE 7-9-03
Whatever you had on that day is irrelevant. We've all had exams. We've all been late for things. Chances are a lot of us have been late for or missed things such as these, and that we sped to get us there faster. Everyone does it, and it is against the law, but if you get caught, you get caught.
The fact that there is a hill is irrelevant as far as I see it. As a driver in control of a vehicle, it's up to you to brake to account for things like that. Doesn't matter if the speed of the car was from your pushing down on the accelerator, or gravity. The fact is you were speeding, and unless your brakes weren't working, I don't think there's any way out of it, and I don't think there should be.
I don't wanna think, I wanna feel
Dublin 23/08/06 Lisbon I 04/09/06 Lisbon II 05/09/06 Paris 11/09/06 Verona 16/09/06
London 18/06/07 Dusseldorf 21/06/07 Copenhagen 26/06/07 Nijmegen 28/06/07
Because you have nothing to lose. You will have a reduced fine for simply showing up.
DON'T ADMIT TO SPEEDING AT ALL!!!! If you admit to speeding at all, you're screwed. It will be held against you in any further argument that you have. You must say that you "didn't know" how fast you were going, but it was a safe speed for the conditions at the time (Basic Speed Law).
As always, the officer has the burden of proof in this case. He must prove that you were speeding. If your on radar it may be hard for you to argue that. You can find out what margin of error radars have and compare it to what you were actually clocked at.
Overall, it never hurts to fight a ticket because you basically have nothing to lose. If you win, you have the chance to walk away without a ticket. If you lose, you have to pay the fine as if you would have plead guilty.
So people that know they were speeding should take the "moral highground" and admit guilt?
I'm with you dave.
*~You're IT Bert!~*
Hold on to the thread
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If you are responsible, you should be aware of the speed. Have you driven down a hill before? Or ridden a bike down one? Surely you've noticed that you gather speed...?
I don't wanna think, I wanna feel
Dublin 23/08/06 Lisbon I 04/09/06 Lisbon II 05/09/06 Paris 11/09/06 Verona 16/09/06
London 18/06/07 Dusseldorf 21/06/07 Copenhagen 26/06/07 Nijmegen 28/06/07
danny that's just it though. You are supposed to drive taking those things into consideration. Of course none of us manage it all the time because we are human and flawed but the bottom line is you're supposed to be driving at the speed limit or under taking the conditions into consideration. As a driver you are supposed to be keeping an eye on the speed limit signs and adhering to them, that's part of driving. So I guess the bottom line is, it sucks that you were caught out but you were caught out not adhering to the road rules and as far as I can see you just have to cop it on the chin and try to do better in the future.
*~You're IT Bert!~*
Hold on to the thread
The currents will shift
Well I guess the only thing you can do is be respectful as other posters have mentioned. Appearing seems to go in your favor as opposed to not turning up. Court is nerve wracking but hopefully the judge will see that you're trying to do the right thing and will make the judgement accordingly. It's odd you know because it's very different here. We have speed cameras and as JamieUK mentioned usually the first you know about it is when the fine turns up in the mail, which you pay and they deduct demerit points from your licence. I don't think you have to go to court until you're outta demerit points and even then they probably just cancel your licence. I don't really know what would get you to court for traffic infringements here because as soon as the fine turns up and I lose demerits I get so shitty with myself I drive like an old lady in a bowls hat!
Good luck with it.
*~You're IT Bert!~*
Hold on to the thread
The currents will shift
I'd go with the shirt and tie.
*~You're IT Bert!~*
Hold on to the thread
The currents will shift