speeding ticket help!!?

Question

my missus got zapped doin 41mph in 30 zone,she has points already how do we sort it...

Answer 1

See if she can take a defensive driving course. Sometimes that helps with points and the insurance hassles you're about to face.

Answer 2

Being a state trooper, let me answer your concerns this way. If your wife already has received a ticket, your only chance is in court, Depending on the state involved there are usually three people involved in a trial - the judge, the police officer and your wife (remember, this is not a criminal case, but a traffic infraction) Traffic infractions do not require or result in jury trials. Hiring an attorney usually results in intimidating the judge since judges hearing traffic infractions hate having their court time eaten up with legal rangling. Also, keep in mind that the police officer involved is an expert at testifying in court - that's the first thing they teach you and he's had lots of practice. If your wife truly believes she has a legal defense to the speeding charge. she should request a trial before the judge during her arrainment (first appearence) - she will not get a trial by jury! The officer will speak first giving his side of the story and trust me, he has his facts down pat including every statement she made during the traffic stop. Then your wife will be given a chance to state her defense. Your wife will be able to ask the officer some questions about the ticket and her arrest, but, the judge is not going to allow a "Perry Mason" examination as his docket is usually quite full. If your wife is guilty, I would appear before the judge and explain that she made a mistake and had a momentary lapse of judgement and that she would like to keep her good driving record intact, if in fact she has a good driving record. The judge will have a copy of her driving record in front of him, so be truthful!!! The judge may very well withold ajudication and let her off with court cost with no record of the ticket. Do not make the big mistake of buying into the idea that the officer that stopped her may not show up for court. I, and my fellow colleagues love going to court for contested infractions. Most police agencies make court appearences mandatory and most courts set hearings for the convenience of the officer, not the offender. Your wife can try a traffic school but that usually requires a guilty plea and the ticket will go on her driving record, however, insurance companies do ignore these tickets a few times, but, they are still on her permanent driving record!

Answer 3

Depends if your missus is willing to go the distance in court, or if you can afford and get a lawyer. I found out that, if the judge hearing your case has not seen you before, you might plea bargain and pay administrative costs only, and no points are given and your traffic citation is not recorded to state. But if this judge knows her, then I would request a trial by jury, or read the fine prints in the traffic laws for your state. The speed limit might be an absolute or presume speed limit, also she might state that she was not in dangering anyone or driving recklessly. But, in the future, I would advise her to slow down, or she would be dealing with the same situation again, which I hope would not be case. I know, because I been there. With the cost of gas and insurance, I made myself to think twice in speeding anywhere, and is it worth the trouble....

Answer 4

Probably an Urban Myth so check before you try or use at your own risk. In the UK there was allegedly a loop hole that could get you out of points but not off the fine.

It went something like this. Plead guilty by post , pay fine by post but overpay by some nominal amount, say £1.26. The court will send you a cheque for the over payment.

Don't cash it.

Until the fine transaction is complete they can't ask you to send in your licence and until you cash the cheque the fine transaction isn't complete.

Remember I have no knowledge of and cannot substantiate the veracity of this tale so user caution is advised.

Answer 5

Assuming your speeding incident is a typical stop, nothing extremely excessive there is a very good chance the Police officer will not show up at court. He will most likely assume that you're going to plead guilty and pay the fine. If you go to court and he doesn't, the charges will be thrown out of court for lack of witnesses.

That's the most easy and likely scenario.


Now, lets say you go to court and the police officer does show up. This is the route I would take.

The 7th amendment of the constitution states in suits of common law, where the value of controversy shall exceed 20 dollars, the right of a trial by jury shall be preserved. That simply means if you have a fine equal or greater than 20 dollars, you can request a trial by jury.

When you go to your court hearing, request a trial by jury. The judge will most likely **** his pants that you even ask or know of your rights. A jury trial is time consuming and expensive, there is an EXTREMELY good chance that the charges will be dropped, if not right way, within a few days.

Now, lets say that the Judge and officer actually decide to go through with the jury trail. You don't even need a lawyer, you can represent yourself.

*Now remember, the jury will be made up of citizens in your county. These are people who get pulled over just like you, and chances are, they are already going to be on your side. This is especially helpful if you live in a smaller town and the police set up things like speed traps that already have the community mad.*

During the trial, you'll be your own lawyer. You'll only need to call upon one person, and that's the arresting officer. Once he's on stand, you'll be able to ask him questions and defend your case.

Here is a series of likely question and answers.

You ask Officer Jack, how did you know that I was speeding?

Officer Jack will say I caught you on radar gun

You ask Officer Jack, can you please show me proof? A print out of the reading?

*Now as technology advances, radar guns change but with all radar guns, they keep track digits once saved. They are then printed out or stored for evidence*

If he doesn't have a print out or proof, then the case will be thrown out of court for lack of evidence. If he does, you'll continue.

You ask Officer Jack, can I please see your certificate to operate a radar gun, and may I also see the inspection certificate of the radar gun.

*Now this varies in different states, but in most states, a radar gun has to be inspected roughly every 2 weeks. This is seldom done. Like I said though, with technology, this might change the inspection times. An officer also has to be certified, chances are he will be certified, but there is a better chance that he's not going to bring his proof with him*

If he cont provide proof to the court that he was legally able to operate the radar gun and that the radar gun was legal, the case will be throw out of court.

If he does have all of this information, he was very well prepared but he wont be. BUT, if he is, say that you have no further questions, take a seat, and hope the jury has gotten pulled over a lot recently too.

Answer 6

I have the answer you want. You need to pay the ticket and send a letter contesting the ticket. Please make sure you add details explaining how she wasn't speeding. The officer that gave the ticket will need to respond within 30 days. Or the ticket will be thrown out and your money will be returned. It takes time but I have escaped 2 tickets this way. Once for me, and I wrote a letter for my son.

I read this online once, and it states police officers do not like taking the time to respond.

It's called Trial by Written Declaration

Here is the site. Good Luck!!

Answer 7

Tell her to slow down. If she got a ticket for 11 miles over the speed limit, the cop probably ratcheted it down from what she was actually doing.

Go to court, plead guilty, and try to get it down to 6 over. Best you can do. Your insurance rates are about to go through the roof otherwise. She might also be able to take classes to reduce the fine and points.

-Dio

Answer 8

the best thing to do is fight it! when it was time to pay,try to get en extension to pay later, then reschedule the court date,then again reset the date then again and again. i dragged it on for at least 6 mouths. at the end the judge called my name, he called the officers' name and no show. i recieved my 109$ in the mail 3 weeks later end of story no record on my insurance. after 6 mths he's on vacation or lost the record.
ps be extremely nice to the person at the pay window and public officials, you'll be surprized how many tickets i've talked my way out of.

Answer 9

If she hasn't done a speed awareness course she could do that still gets a fine and has to pay for the course but you don't get the points, if you've already gone through this already sorry just grin and bear it.

Answer 10

she can avoid points and a fine if she takes a one day speed awareness course, mind u this costs £70 but it still saves the points,