Hi. I received a ticket CA 22348b for going over 100mph. It appears that this necessitates a mandatory court appearance. I plan to utilize a lawyer, the question is do I still need to appear for the court hearing, or does the lawyer's presence suffice?
Also, what is the likelihood of the license being suspended for 30 days. I know this is an option the judge has. Anybody with insights is greatly appreciated.
2007-01-23 11:31:06 · 15 answers · asked by sukeibei 2 in Politics & Government ➔ Law Enforcement & Police
Since you have already decided to retain counsel, I will not discuss that.
California Penal Code section 977 permits defendants charged with misdemeanors or infractions to appear in court through counsel. This is not failing to appear. The court will not think less of you. It is your statutory right, unless the court, for a proper reason, orders you to personally appear. Discuss it with your attorney.
Whether your license is suspended will depend upon many things, including the speeding problem in the local area, your past record, your attitude, etc., so it is impossible to say for sure. Again, discuss it with your attorney.
By the way, contrary to what a lot of people post here, in California driving over 100 MPH is not charged as reckless driving. Absent any other circumstances, it is charged, as you were, as the specific offense of driving at over 100 MPH.
2007-01-23 11:57:17 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Both of the previous answers are correct: - You can hire an attorney to represent you. Usually in cases like this they can negotiate with the court for you so that you don't have to appear. Make sure it's an attorney in the state where the court is. Most attorneys will give you a free quote and tell you what they can do. So call a lawyer. - Similarly, courts tend to be pretty lenient about this sort of thing as long as you make a real effort to work with them, so contact the court as well. I'd still hire the lawyer. You'll pay several hundred dollars in fees, but the lawyer will probably be able to negotiate the fine (which is probably huge by now) down to something you can afford, saving you money in the long run. Joe
2016-05-24 02:19:18 · answer #2 · answered by ? 4 · 0⤊ 0⤋
I'd assume since this is probably reckless driving that your license will be suspended for a little while. And I'm also thinking if you don't show up, you'll be charged with a failure to appear and then have a bench warrant out for your arrest. I went through something very similar. I'd suggest showing up. And going the speed limit there. And also bringing someone besides your lawyer. You might need a ride home.
2007-01-23 11:35:10 · answer #3 · answered by Anonymous · 0⤊ 1⤋
What state are you in? I assume that it is california.
It is best to get a lawyer - they can greatly reduce the chances of your license being suspended. In any case you have to be in court with or without lawyer. You will probably be charged with reckless driving - as you were atleast over 30MPH.
hope that helps
DO a google search for speeding tickets and you will find a good lawyer to help you
2007-01-23 11:36:44 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Your lawyer can likely get you a continuance, but this will only add to his bill. Sooner or later however you will have to appear. But if you are going to hire a lawyer, why ask the jokers on here.
2007-01-23 11:34:29 · answer #5 · answered by ahab 4 · 1⤊ 1⤋
Let your lawyer answer these questions. The lawyer helps you, not replaces you.
2007-01-23 11:34:48 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Look up the word mandatory...it means YOU have to appear in court...not your lawyer or anyone else....YOU.
2007-01-23 11:48:14 · answer #7 · answered by dragonrider707 6 · 1⤊ 1⤋
You're wasting your time and money on a lawyer. Not showing up in person would only compound your problems.
2007-01-23 11:33:49 · answer #8 · answered by mdigitale 7 · 1⤊ 1⤋
you should go too just in case, it could look bad on your part if you don't go. make sure you plea "no contest" thats like saying you neither agree or disagree, which is better than denying it, and also better than saying "I'm guilty as charged do what you want" .. that will give you a better chance at not having your licence suspended.
2007-01-23 11:35:48 · answer #9 · answered by Fluffington Cuddlebutts 6 · 0⤊ 1⤋
Ask your attorney, that's why he is getting paid.
In most states, over 100 will automatically revoke your license upon conviction, again your attorney will know the specifics for your case in your state.
2007-01-23 11:34:57 · answer #10 · answered by oklatom 7 · 0⤊ 1⤋