You may be able to just pay the ticket and have no points
2006-12-11 07:16:44
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answer #1
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answered by Anarchy99 7
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First, you want to schedule your date as far in advance as possible, but do not waive your right to a speedy trial. Then look on the calendar, are there any holidays around that time? What's the officers last name? Is he Jewish maybe? Try to schedule your appearance the day before or after a holiday, or early monday or late on a friday. This raises the possibility that he wont show. You can even call his phone number on a friday or a monday and listen to his message. If he's usually not around on a friday, then schedule then. Right to a speedy trial means that they need to schedule a court date within 120 days of the infraction. If they dont, you have about a week to notify the court (depending on your state), if you dont then its assumed that you've waived your right. If they cannot schedule it before then, maybe the officer is on vacation, then the case will be dimissed for violating yur right.
Once you are in court and the officer shows then plead innocent. Now, what comes next really depends on how you got caught. Was it with a radar gun? Or speed matched? Radar guns are actually easier to get off of. The cop needs to be trained in using a radar gun. If he's not then you may get off. Once in court ask for the test history for the gun. They need to have been tested within a certain amount of time. both before and after your ticket. If it hasent, you can get off.
If it wasn't a radar gun, you are a little more screwed. But you can still fight it. Were you going down hill? Is there a pre-existing problem with your breaks. Were there visible speed limit signs?
The judge will buy the fact that you are a broke college student, but the fact is, you still broke the law. He's heard is all before. You're not the only broke college student thats gotten a ticket. The only way you can get out of not paying something is to beat the ticket. You may be able to talk him into letting you do community service and traffic school to avoid payment.
Here's a great site: http://www.blurofinsanity.com/Speeding.html
2006-12-11 16:00:32
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answer #2
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answered by teri 4
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Its not that the police are too busy. First the prosecutor's office has to supobena the officer to court. that will be only if you don't take any deal he tries to cut with you in advance. you refuse to accept the deal then the officer comes to court. Know that you can take it to a jury trial however if you're found guilty judges have a tendency to be abit harsher than they would have had you accepted the agreement.
Consider it like rolling dice or even better...bluffing at poker. you take the risk you have to know the consequences before you do.
In response to the woman above me. Her mom says lawyers have gotten her out of tickets. Think of this. You're case will be continued at least 3 or more times. Thats three or more days of work you lose. All day mind you. Will your job pay you while you're in court each time? Now...we all know lawyers are legal pimps and don't work for free...oh...sorry..."pro bono". So...lets say you beat the ticket. You've saved points against your license right? But....3 days or more wages gone...plus the pimp you hired is standing there with his/her hand out. So that's what? maybe a grand or more? Plus...if they bring it from speeding to lets say a lesser charge...you still lose points. just not as much. But you're still paying the lawyer and lost those wages. Think buddy before you take the step.
2006-12-11 16:38:28
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answer #3
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answered by Quasimodo 7
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First of all you should consider contacting a lawyer, or if you are a student at least contact legal services at your school. Often the best help you can get is with such a lawyer.
Otherwise, what I would advise is to go to court dressed in a suit. Contact the clerk of the court to see what the procedure is in that particular court. Usually you can get a chance to talk to the prosecutor. That person will decide what type of 'deal' you will got, usually not the judge. Just ask them if they have a deal where you can pay a fee or something and they will reduce the charge to a non-moving violation to keep the ticket off your records, and so you wont get 'points.' If you can't afford the extra fee you might be hosed, but just talk to them and see if you can work something out.
It is true that often officers dont come to court. You can ask the prosecutor if the officer is there, and if not you might be able to get a heck of a deal. They might just continue it if you try to fight it though.
Again I repeat if you can find an attorney or legal services they can help you best in this process.
2006-12-11 15:26:56
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answer #4
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answered by David M 1
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It's true that police officers don't always show up for court when someone comes in to fight a speeding ticket. But if you go in and the police officer who cited you shows up, this is what you do: Admit responsibility, tell the judge you weren't paying close attention to your speed so you didn't realize how fast you were going, but you know that ignorance of the law is no excuse so you'll accept the consequences. Then ask the judge for leniency (if you never received a ticket before, mention the fact that this is your first offense and tell the judge you will be more diligent in the future). DO NOT mention your expenses or getting points off your license -- you're right; the judge will simply say "You should have thought of that before you went out speeding." Judges are much more likely to be lenient if you behave like a respectful, responsible adult and own up to what you did. Anything that you say or do that can be construed as being a whiny-@$$ or blowing it off as "no big deal" will get you HAMMERED.
2006-12-11 15:23:14
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answer #5
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answered by sarge927 7
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It's true, if the cop doesn't show up the ticket will be removed. This is especially true if you received the tix at night as cops who work the night shift don't want to be in court during the day when they could be sleeping. The first thing that you want to do is change your court date. The cop that gave you the tix is aware of the date and has probably made arrangements to be there. If you change the date, he/she might not find out in time. Even if they do find out, the new date is likely to be less convenient than the old. If you got the ticket during the day, try to change your court date to a Friday as late in the day as possible. Cops who work the day shift with weekends off are just like the rest of us. They are looking forward to the weekend, and aren't quite on top of things as they would be earlier in the week.
If the cop does show up, lie. Make up a story to explain your speeding and then throw yourself at the mercy of the court. Good Luck!
2006-12-11 15:21:44
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answer #6
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answered by Stand Up Guy 2
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Judges are so different individually. If you can afford it, (and if the ticket is that much), I'd hire an attorney. For a couple hundred bucks he can probably write a letter to the prosecutor for a plea deal. That may be a good bet. Otherwise, show up, don't be whiney, be forthright. If you've got a good record, say this is your first ticket, you've learned your lesson, and you'd ask that the judge be lenient. If there were any other (decent) reasons for speeding, you can proffer them, but don't make up stuff. Because remember, the judge has CERTAINLY heard a sob story worse than you. But, worst case is that you'll get dinged with the ticket PLUS additional court costs.
Also, talk with others in your county--an attorney too, even for just 10 minutes--to see if they know anything about the judge.
Get good local advice, and good luck.
2006-12-11 15:19:46
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answer #7
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answered by Perdendosi 7
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Go to court. If the judge is accepting " no contest" pleas. Tell him you are sorry, you have learned your lesson. Tell him you would like to go to "driving school". He will let you - then you will not have points assessed against your driving record. You will still pay the fines.
If the cop is not there, or no cops are there one of two things will happen. You can plead not guilty and your case will be dismissed as you are allowed to face your accuser OR the judge will reschedule the court date.
Also, you can tell the judge you are in college you have good grades and a job and the points are really going to be bad for you and you won't do it again....if this is not getting anywhere THEN mention..." isn't there something like driving school"..
You can do something to stop the points. Almost always. Dress nice for the court. Don't come to court like a slob. Wear a jacket or sports coat. Shave, etc
2006-12-11 15:26:02
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answer #8
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answered by Just trying to help 3
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First, cops do show up regularly, the cops are on duty when they show up therefore they are getting paid to do so. File for a continuance to get the trial moved to a different date, then keep doing this until the court rejects your motions. This will increase the likely hood that the cop wont show up. If he does, and you got nothing to say you can simply plead guilty. It's been my experience that lame excuses not related to the law will not work so don't bother. Also, go to your local borders book store and read a book on the subject before you go to court they have multiple scenarios for how to argue your case.
I cant give you anymore specific advice then this because I don't know the circumstances of your ticket.
2006-12-11 15:18:04
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answer #9
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answered by Daz2020 4
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You can mitigate, which is where you admit to speeding, but explain your circumstances. If you don't have a history of getting tickets, almost every judge will take off the points and reduce the fine given your circumstances. But if the cop doesn't show up, after you requested it, it can be pretty easy to get out of a ticket. This is if it was a small speeding ticket, like 35 in a 20 or something. If you were going like 40 mph over, mostly they will just reduce the fine a little.
2006-12-11 15:17:38
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answer #10
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answered by Take it from Toby 7
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My cousin has gotten 3 speeding tickets and went to court and he won because the police officer did not show. When I got a ticket I did the same, and the police officer was a no show. So from reading the other answers I would say you have a 50/50 chance and nothing to lose. The worst that could happen is you having to pay the ticket, which you would have to do anyway if you dont go.
2006-12-11 15:28:47
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answer #11
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answered by st_al_xii 3
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