I got a traffic ticket for speeding. I am going to court tomarrow for it to a informal hearing. To make things clear I do take full responsiblity for this. But, as of right now I am in the process of getting a Job as a EMT and of course cannot have the points on my license because of how my record is now.
I did write the judge a letter after I got the ticket and asked if I could take a drivers improvment class and pay the ticket but not get the points because of my trying to get a job as an EMT. I received a letter back stating that after the judge read my letter that there will be an informal hearing for tomarrow.
I was told that it was more up to the cop then to the judge. That before the hearing I should speak with the cop and explain to him that I am in the process of getting an job as an EMT and if there was anyway that I could avoid getting the points on my record.My question is, is that true should I do that? Also is it a good idea to talk to him before the hearing?
2007-01-10 08:21:22 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
First of all, do not listen to a law enforcement officer in regards to court prodecures. Always talk to a judge at the appointed court date or speak to a clerk of the court. Speaking with an LEO may get you in further trouble through the wrong, misleading, or outright false information they provide.
Furthermore, only a judge can dismiss a violation once filed in court. The prosecutor can move to NOLLE PROSEQUI, or not press charges, but ultimately the decision rests with the judge.
Moreover, if the officer does not appear for court, for any number of excuses, this can work to your advantage. If the prosecutor does not want to drop the charge, he must move for a continuance of the case. At that time, you have the right to object to the continuance, provided that you are ready to dispute your case; and, you can also move to dismiss.
2007-01-10 08:40:21 · answer #1 · answered by syaw10 3 · 0⤊ 0⤋
DO NOT TALK TO THE COP BEFORE THE HEARING! Anything you say to him/her they will try to use against you in a negative manner in court. I dont know what state you are in, but in most cases the judge will allow you to plead guilty or no contest, and take corrective action through a court approved driving school. If you have this option, and the court allows online traffic school, i recommend it. It's usually about $30-40, where as a classroom traffic school can be from 300-500.
2007-01-10 08:34:22 · answer #2 · answered by xooxcable 5 · 0⤊ 0⤋
The officer didn't cut you a break because you were going way too fast. That the other cars were doing the same doesn't make what you did any less illegal. You will be unable to fight this ticket if the officer has sufficient proof, such as the reading on the radar gun, or his own testimony. Just because you won before does not mean you will win this time. Stop speeding. Maybe you'll get lucky and the officer won't appear. Otherwise, you're screwed, but at least you screwed yourself.
2016-05-23 06:04:31 · answer #3 · answered by Daniela 4 · 0⤊ 0⤋
NO, you should not speak with him before the hearing! Get an attorney. If the Judge advised you to speak to the cop before the hearing he is in violation of multiple rules set by the American Bar Association, and your state's BAR as well. If that is the case, you need to report it to your state's BAR.
2007-01-10 08:26:20 · answer #4 · answered by cyanne2ak 7 · 1⤊ 0⤋
1st ticket: ask for defensive driving class, pay the fine.....ur record still clear.
2nd ticket: ask for deferal (including densive driving class), pay the fine. Time on the deferal is vary from county to county.
don't worry :-)
2007-01-10 08:33:44 · answer #5 · answered by Anonymous · 0⤊ 0⤋
you go to court and swear to tell the truth, the whole truth and nothing but the truth. the sworn police officer does the same. the person that lies the best wins.
2007-01-10 10:30:39 · answer #6 · answered by Anonymous · 2⤊ 0⤋