Traffic Court

prytocorduroy · May 2008

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.

Fifthelement · May 2008

You admit you were speeding right? So pay the fine and take the consequences. I don't think the judge will really care about he reason you were speeding. Poor P&P (planning and preparation) is not a valid excuse. It's unfortunate, but think of all the times that you didn't get caught. I'm have a bit of a lead foot myself, so I'm speaking from experience. I hope you did all-right on your exam. Did you make it on time?

Good luck whatever you decide to do.

Pax!

Vedderlution_Baby · May 2008

Fifthelement wrote:

You admit you were speeding right? So pay the fine and take the consequences. I don't think the judge will really care about he reason you were speeding. Poor P&P (planning and preparation) is not a valid excuse. It's unfortunate, but think of all the times that you didn't get caught. I'm have a bit of a lead foot myself, so I'm speaking from experience. I hope you did all-right on your exam. Did you make it on time?

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.

prytocorduroy · May 2008

Fifthelement wrote:

Poor P&P (planning and preparation) is not a valid excuse.

Well this wasn't the case. I was going in early to review some more. If there's any excuse, it's gravity and running over the material in my head instead of paying attention to my speed. The cop was hiding at the bottom of the hill and pulled me over by walking out into the street so it's not like I wasn't paying attention to the road.

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....

Fifthelement · May 2008

danny72688 wrote:

Well this wasn't the case. I was going in early to review some more. If there's any excuse, it's gravity and running over the material in my head instead of paying attention to my speed. The cop was hiding at the bottom of the hill and pulled me over by walking out into the street so it's not like I wasn't paying attention to the road.

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.

sponger · May 2008

If you fight it, the chances are very certain that you will lose. The judge almost never takes the defendants side. Only if you have a lawyer there who is skilled at finding holes in the cop's story do you stand a chance.

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.

iluvcats · May 2008

Guilty with explanation and be humble. Cut your hair and wear nice clothes. Your explanation is exactly what you told us -- you had an exam. You should say you are sorry, you did not realize you were speeding. Were you going 18 over the speed limit? Yikes...

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.)

antperlsjam · May 2008

Don't plead guilty or not guilty, plead no contest and then explain your scenario to the judge! In pleading no contest you aren't admitting you are guilty but at the same time they won't come down on you as hard as if you pleaded not guilty and then found guilty

jamie uk · May 2008

Here they just send you a ticket saying, "who was driving your car? Was it you, or someone else? If it wasn't you, you better say who it was or you'll be getting the fine"
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:

catwoman · May 2008

Get a copy of your driving record from the MVA, assuming it's clean (no previous moving violations), take it to court, and ask the judge for probation before judgment (PBJ). Tell the judge you have a clean record (if you do), and explain what happened. Be respectful and courteous. I don't know how many points you get for driving 18 miles over the speed limit, but it's the points that are the problem because they may increase your insurance rates. Since you're still in school, I'm assuming you're under 25, and a male, so your rates are ridiculous anyhow. I don't know how the judges are in traffic court in Baltimore County (is that where it happened?), but a lot of judges are willing to give someone with a clean driving record a break, and give PBJ so that they don't get the points. You can also ask the police officer before court starts if he'll agree to a PBJ. Just tell him your story (clean record, trying to get to class on time, steep hill), and be very courteous. Good luck!

g under p · May 2008

catwoman wrote:

Get a copy of your driving record from the MVA, assuming it's clean (no previous moving violations), take it to court, and ask the judge for probation before judgment (PBJ). Tell the judge you have a clean record (if you do), and explain what happened. Be respectful and courteous. I don't know how many points you get for driving 18 miles over the speed limit, but it's the points that are the problem because they may increase your insurance rates. Since you're still in school, I'm assuming you're under 25, and a male, so your rates are ridiculous anyhow. I don't know how the judges are in traffic court in Baltimore County (is that where it happened?), but a lot of judges are willing to give someone with a clean driving record a break, and give PBJ so that they don't get the points. You can also ask the police officer before court starts if he'll agree to a PBJ. Just tell him your story (clean record, trying to get to class on time, steep hill), and be very courteous. Good luck!

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

prytocorduroy · May 2008

Thank you for everyone's input so far. I'd love to hear more from everybody and hear as many experiences/suggestions as you are willing to put out.

g under p wrote:

So good luck but your driving record will surely be the key.

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!

HushBull · May 2008

danny72688 wrote:

Thank you for everyone's input so far. I'd love to hear more from everybody and hear as many experiences/suggestions as you are willing to put out.

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?

sponger · May 2008

Just do whatever you can to get that point off of your record so that your insurance doesn't go up.

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.

prytocorduroy · May 2008

HushBull wrote:

Did you hit a dog or any small elderly types?

There was this one time.....well nevermind I'm not supposed to talk about it.

HushBull · May 2008

danny72688 wrote:

There was this one time.....well nevermind I'm not supposed to talk about it.

Yeah, leave that "one" time out, and explaining that all around you are a good guy, you might stand a chance. Maybe.

prytocorduroy · May 2008

Bump for the Monday crowd.

rival. · May 2008

i wouldn't stress over it, because just showing up in court will get you bumped down to a lower infraction. they got you going about 20 miles over the speed limit, so before the judge enters the court, the cops usually meets with the people he/she gave tickets to. the cop will probably bargin with you and bump you down from 20 miles over to 10 miles over, which is a huge difference because that will save you a couple of points on your record.

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.

An Animal · May 2008

Get a lawyer explain the situation to him and plea no contest. More than likely you will have to pay the fine but the lawyer should be able to get you off with no points.

audiodave · May 2008

I'm not try to be an arsehole here, really i'm not. But here's the but.

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.

stickfig13 · May 2008

Plead "Not Guilty"

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.

Traffic Court

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