I got caught going 85 in a 70. I don't deny that. I was hoping I might be able to go to a driving school to get the ticket taken off my record, but right at the top of the citation, it says "no driving school available," in big important bold letters. I figure there's no way I can plead not guilty, but if I go to court anyway (assuming the trooper shows up), how might i be able to plead for the fine to either be lowered or stricken from my record and sound professional about it? This is my first citation of any sort. Help?
2007-02-06
09:39:02
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18 answers
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asked by
Casey
4
in
Politics & Government
➔ Law & Ethics
Good grief, we've got some judgemental people around here today. *Helpful* answers please, no pretentious admonishing as though you've never done anything wrong in your life. Thanks!
2007-02-06
09:45:31 ·
update #1
Absolutely go to court; express remorse but not excuses and ask if the penalty can be reduced; you may also want to talk to the prosecutor before you get before the judge -- since this is your first ticket, you may be able to get the prosecutor to "nolle" (NAWL-lee, short for "nolle prosecui") it, or drop the charges against you. Or she may have some standard plea agreement to avoid the hefty fine. If not, oftentimes judges will be willing to reduce the ticket. And if the cop doesn't show up, you may get the charges dismissed!
2007-02-06 09:47:53
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answer #1
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answered by Perdendosi 7
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First of all, you'll have to plead guilty and if you have a good explanation then use it, and plead guilty with an explanation. Since this is your first citation the judge might be lenient with you. As you listen to the judge show remorse. Then, when it's time, tell him how sorry you are, and how you've learned your lesson and that you don't plan on EVER doing that again, and remind him that this is your first offence and that you would like to keep your record clean. Ask him if you can go to traffic school and have this stricken off your record, being that you are a first time offender. When he charges you with the fine fee, you might be able to choose to make it in payments and ask for the lowest payment amount.
If he says you can go to traffic school, then, you may want to choose to go to "Comedian Traffic School!" The cops are funny, and make it more fun and yet still teach you a thing or two!
2007-02-06 09:43:02
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answer #2
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answered by Lizzy 2
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Well, in my jurisdiction, people who plead guilty with an explanation get 5 mph knocked off the top as a matter of course (here 85 would become 80). In other words, take responsibility, but argue that you believe you were going slower than 85, or give a good reason for going faster than the posted speed limit e.g. you were going downhill.
If you wanted to fight it, you must first determine what the cop used to measure your speed. There are two basic ways. A laser, which is very accurate, or a pace, which isn't. If it is a pace, that means the cop was following you and knew you were going 85 because he was going 85 and maintaining a constant distance. Here he has to show that 1) his speedometer is correct; and 2) he couldn't have been closing the gap. Normally the pace is for 2/10 of a mile, which translates to about 10 seconds. Depending on lighting conditions, traffic, etc., he may admit that, given relatively short length of time he was actually observing you, he could have been going faster than you.
2007-02-06 09:51:38
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answer #3
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answered by obamaforprez 2
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First, the trooper will show up. I just went to court with someone who had a DUI from 7, yes 7 years prior and the cop was there..wasn't that a kicker.
Sometimes the court will grant leniency and drop it a few miles per hour but 85 is pretty fast.
Does the ticket raise your insurance or have you had priors that this makes a big difference?
It may be easier and cheaper to just go plead and pay.
2007-02-06 10:00:45
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answer #4
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answered by PD 2
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If I were you I'd hire an attorney to assist you. Normally, you'll begin to get letters in the mail from attorneys a few weeks from now. These attorneys work in traffic court and know all the ins and outs.
Here in North Carolina it costs between $90 and $150 to hire one. Here, the attorney will tell you in advance EXACTLY what he can do and how much it will cost in the way of fines and court costs. You don't even have to show up in court.
Last year I got a ticket for 81 in a 65 zone. I paid my attorney $110 and he got the charge reduced to "illegal equipment" with $120 in fines and court costs. The illegal equipment charge carried no points against my license, that's why it was a good deal for me.
It's possible that if I took a half day off work and went to court myself I could have got the same deal from the judge without an attorney. But to me, the attorney fee was money well spent.
2007-02-06 10:41:31
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answer #5
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answered by Yak Rider 7
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(Given you have no other citations...)
Go to your state's motor vehicle department and ask for a copy of your driving record. Go to court and plead for leniency on the ticket, providing a copy of your clean driving record should help. The fine generally isn't the big problem but the points will be when your insurance finds out about the ticket. I'm in Maryland and recently fought a ticket (officer said I was doing 16 over when I was only doing 10 over...I am pretty sure he picked up the car the moved from behind me to pass...similar model/color). I went to court with my clean record and the judge reduced the ticket to 10 mph over and that dropped it to one point. Insurance companies in MD apparently only get notified for violations with two points so it was worth the court cost and time from work.
2007-02-06 09:53:23
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answer #6
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answered by Jim Maryland 7
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If this is your first citation you should be able to get off, no points, and just pay the fine minus court costs, but it depends on the judge. My daughter's excuse (which was legitimate) she was late for school doing a 45 in 30... judge stated to everyone before he began calling cases that he is lenient to first-time offenders who have an explanation but not so lenient to ones who have gotten tickets within the past 3 years. All the ones that were first time offenders who had an explanation just had to pay the ticket, no record or points assessed.
2007-02-06 09:49:46
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answer #7
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answered by Monique 5
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Don't go to court! Just pay the damned fine! If you go to court, they'll sock you for 2 or 3 times the price of that ticket in court costs! They're going to find you guilty anyway, so just cop a plea, it's cheaper!
2007-02-06 09:45:09
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answer #8
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answered by texasjewboy12 6
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If you don't deny it or have a good reason that they should take it off your record, there's not much use in contesting it. Court costs are probably going to amount more than the ticket so you are probably better off just paying it.
2007-02-06 09:45:47
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answer #9
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answered by MaryJane 2
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Go to court and ask the judge for supervision. If you dont get another ticket in the next six months, the ticket never goes on your record and nobody is the wiser.
2007-02-06 09:48:17
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answer #10
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answered by Akbar B 6
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