I have a court date tomorrow for a speeding ticket that is 25 over the speed limit; any advice?

Question

Some details that may affect your answer:
-This is my second ticket within a year
-It occurred in Illinois, and I am a resident of Illinois
- It was on a five lane highway where the posted speed limit is 55, but realistically, everyone goes 70 or more.
- I was in a pack of cars that were all going about 80, and I simply got picked out.
- I felt the police officer was quite rude and curt with me.
- I am a fairly new driver who grew up overseas, and therefore was exposed to a different culture that takes a different attitude towards speeding. (this is a long shot, but maybe this angle could generate some sympathy)

I know that if the officer doesn't show up, he is violating my 6th amendment right to face my accuser, and the case will most likely be dropped.

I also heard that I can invoke my 7th amendment right to a trial by jury because the case involves more than 20 bucks. If I do this, it''ll supposedly be too expensive for the court to continue to prosecute me, and they'll drop it.

Answer 1

Here's a bit of advice from a dear friend who's also an attourney: don't try to play games with traffic court. As you well know, there is no speed limit on Germany's autobahns - but you are not in Germany. That will not gain you any sympathy - the response is "you are responsible for knowing the rules and abiding by them as a condition of your being permitted to drive in this country." And don't make the mistake of thinking the officer has to show up - he does not. You try that and the judge will be doubly harsh with you. And if you try the 7th amendment gambit, you'll be slapped down so hard your ears will ring for a month! Know why? The judge is likely to bind you over for trial and JAIL your behind UNTIL that trial! See, the judge, knowing you came here from elsewhere, knows that you are a greater flight risk - and can, if he/she chooses, lock you up without setting bail! AND - when you do come to trial, and are convicted, YOU will be made to pay court costs as well as whatever sum assessed as your fine!
So tell me - do you still think it's worth it to try and be cute with the court? Take a good lawyer's advice: keep quiet until called upon to plead, and then HUMBLY and RESPECTFULLY plead guilty, apologize, and be prepared to pay several hundred dollars in fines. And you'll have gotten off light, as we say in America!

Answer 2

You've been given some good and some marginally acceptable info.

- It is immaterial how fast you think others were travelling along your roadway.

- Unless you have a witness re. your confrontation with the officer, you will not be able to claim - much less prove - the officer "was rude etc." Furthermore, this is immaterial to the fact that you were speeding. It's a different issue, okay?

- You're right about the hope that relating your having grown up abroad is exculpatory would be a real stretch. Don't even try it. Don't waste the court's time.

- Unless you are a really adept Constitutional lawyer, don't even try to play that 7th Amendment card. You will lose!!!

- Show up at the Judicial Hearing. Dress nicely but not too fancy. Be well shorn and look clean. Be respectful. This doesn't mean you have to be obsequious.

- If the Cop doesn't show up for the arraignment/trial, you're right, it should be dismissed.

- Ask the judge what options are available to you. I understand you were guilty of speeding, right??? Can you do any community service to expunge the record of your having been ticketed??? Can you partake in a Court-Sponsored Driver Ed program so that this infraction doesn't end up being a permanent blot on your insurance carrier's driving history???

- Don't give up. Remember, they hold the cards, now - not you.

Good luck.

Answer 3

you can 1. pay the ticket and go to traffic school if you are elgible. traffic school will keep the ticket off your record and your insurance shouldn't go up. 2. plead not guilty, go to court and hope the officer doesn't show up. This will get you off, but it's a gamble.
Because you were going so much over the speeding limit, your ticket is going to be very high and it's a good chance the officer will show to court. If you are elgible for traffic school I would recommend paying the ticket and going to traffic school. If you want to take your chances going to court you must make a defense for yourself incase the officer shows.
Question to anser, did the sign say "maximum speed limit" or just "speed limit". I believe you can go over the speed limit if it doesn't say maximum. You just have to prove that it was safe and convince the judge of that. I could see if you were just 10 or 15 miles over, but 25? The judge may not buy that.
Yes, traffic school.

Answer 4

Do exactly what "jesse j & coragryph" said
humble, apogetic, say you just can't afford the ticket and you are so sorry, hope for a reduced cost.

I know you are mad, but you just can't win...you were wrong and yes the justice system feels unfair. The judge has heard every excuse you can possibly imagine and then some you can't. and FYI...in a jury trial you pay all the costs not them, and you will still have to pay the ticket and possibly some fines for reckless driving, and any other little thing they can think up...just pay the ticket and move forward.

Answer 5

Tell it to the judge! He(she) will do well to keep from laughing. You seem to have all the answers. Do yourself a favor - plead - no, beg to have the miles over reduced and take your medicine. Slow down bucko! You have a 'death wish' to make lame excuses for 25 over. I'm inclined to believe that you were a little isolated and probably a little ahead of the 'pack'. 'Smokies' don't 'cherry pick' - it's easy to nail a car that's away from the 'pack'. It doesn't take much. Give an attitude other than 'remorse' and be cheeky enough to say what is in your question and you're toast.

Answer 6

I am not a lawyer, but I did previously have one when I got a speeding ticket. The attorney was able to talk with the prosecutor and get it down to a lesser charge of failing to yield to a street sign or something along those lines. (It was several years ago :) So that was what I pled guilty to. It didn't get me any points on my record which was key though I did need to pay a fine to the court and of course, pay the attorney. That was, however, better than getting points on my driving record. It takes several years to get the points off but as someone else mentioned, you may be able to reduce the points by two or so on one's driving record by taking one of those driving courses offered at the local community college or whatnot. (Best to find out about that before signing up.)

Answer 7

Ya avoid all that legal bullsh** your preparing- my god your not on trial for capital murder here!!.. just be humble to the judge, explain simply that you were keeping up with the traffic flow and didnt realize you were over the speed limit, but because of this ticket you have learned a very valuable lesson..but you really dont have all the money to pay for this lesson right now...if your lucky he will reduce the fine~

Answer 8

I wouldn't try that if I were you....
!st..if the officer does not show they get a postponment..
2nd...your being a foreigner...may get you anger rather than sympathy.
3rd..If you request a trial by jury....and you lose...which you more than likely will....they will throw the book at you with you paying the MAXIMUM and any thing else they can..suspension...community service...etc...
Talk to the prosecutor and cut a deal...they usually will knock it down some..that's your best bet...talk to a lawyer...Good Luck.

Answer 9

when they ask, "What's your plea" Say "Guilty." And nothing else unless they ask. A friend did this and stunned the judge so much that he dropped the reckless driving charge on him. Admit you were wrong and sincerely tell the judge you had no reason to be speeding.

Answer 10

be humble, say yes, sir/ma'am. don't try to use that overseas crap. you knew you were wrong. you are reaching for it if you tell them you want a trial. you'll get laughed at, at least behind your back. just pay and get it over with.