What happened was I was approaching a stop-light that was green, and the person in front of me was about to sit through the green light. I passed the person on the left hand side of the road to go straight through the light. The cop was approaching the light from the left side of the light, and saw me pass the vehicle. The cop told me that when we go to court he would have the offense reduced to improper driving. I've had a few speeding tickets in the past and if convicted I could possibly have my license suspended. We went to court, I pleaded guilty, and the cop didn't attempt to reduce the charge, so I appealed the case. Does anyone have any advice please? I commute back and forth to work, and also go to college part time.. also, I live in VA if that means anything.
2006-09-14 16:14:07 · 9 answers · asked by Chuck 1 in Politics & Government ➔ Law Enforcement & Police
Also, would it be wise to attempt to change my plea to not guilty?.. And as far as breaking the law is concerned.. the person was on the phone and I thought their car was broken down...
2006-09-14 16:19:15 · update #1
It was the lane for oncoming traffic.
2006-09-14 16:37:09 · update #2
Ive got an idea...stop breaking the law!!!!!!!!!!!!!!!
2006-09-14 16:16:52 · answer #1 · answered by rock 1 · 0⤊ 1⤋
Not much you can do you plead guilty
had you plead no contest or not guilty you would have a chance at an appeal.
The only chance you have at an appeal at this point is to find a mistake made in the procedures or the laws by either the cop or the judge this could be grounds to issue a mistrial on appeal you then would have to retry the case.
To answer you second question
If you are given the chance change your plea to no contest in doing this you are not admitting guilt also at that point share with the judge everything that the cop told you his promise to lower the charge is an oral contact and is grounds for the judge to dismiss the case.
2006-09-14 16:22:03 · answer #2 · answered by utg_45 2 · 1⤊ 0⤋
You pleaded guilty - and then you appealed the judge's decision????
Boy, you sure know how to win friends and influence people.
Did you bother to read the charge on the ticket, or did you just take the cop's word that he would verbally lower the charge when you went to court?
Judging from your explanation - you're pretty much up the perverbial creek.
Did you blow your horn to allert the jerk in front of you?
Did you go into the oncoming lane to pass him? Was the light still green when you went through the intersection? Etc.......?
Unfortunately, your prior speeding tickets aren't exactly going to be an asset for you.
2006-09-14 16:44:17 · answer #3 · answered by LeAnne 7 · 1⤊ 0⤋
Well, first if you appealed the judge's decision you better hope that you never have him for any other infraction. Second, by pleading guilty the first time you kind of screwed yourself. You can attempt to change the plea to not guilty if you would like but, it isn't going to make that much of a difference. I believe you will be going to appellete court now for your appeal, so you might want to consult a lawyer. As for that cop, try and stay away from him from now on.
2006-09-14 16:47:59 · answer #4 · answered by Natty137 3 · 0⤊ 0⤋
ok,
1. never ever plead guilty unless you have a written charge
if you were going to plead guilty you would have told the judge in court that the officer had agreed to change the charge.
2. Once the ticket is issued to the court, the officer can't reduce it without the permission of the DA
*** unlesss this is one of the courts where the officer actually presents the traffic case, I used to work in one like that)
2006-09-14 16:26:31 · answer #5 · answered by Anonymous · 1⤊ 0⤋
You can't appeal if you pleaded guilty! You should have entered a "not guilty" plea to which they either would have given you a trial or in most cases reduced the charge. Given the financial status of most communities they are not very inclined to try a moving violation in their court! Actually, reckless driving is a misdeamenor in most states! Either way, they more than likely would have reduced it to avoid trial. I'd say you are probably stuck with the plea unless they allow you to withdraw it- highly unlikely!
2006-09-18 03:18:57 · answer #6 · answered by Anonymous · 0⤊ 0⤋
often given which you would be able to set up coercion are you able to charm the call. In maximum jurisdictions effectively attractive the call following a responsible plea is fairly confusing. attractive the sentence may be accessible yet unlikely the call.
2016-10-15 00:31:41 · answer #7 · answered by kigar 4 · 0⤊ 0⤋
you should have plead no contest from the start. also what lane did you pass them in? (lane for incoming traffic, turning lane etc.)
2006-09-14 16:29:28 · answer #8 · answered by Ash 5 · 0⤊ 0⤋
Va. is a very conservative commonwealth I think ur next step is to get a lawyer.
2006-09-14 16:42:23 · answer #9 · answered by dogpatch USA 7 · 0⤊ 0⤋