Hi I got a speeding ticket for going 59 in 45 zone in a local road in Michigan. It was a new car and I didn't know if speeds up so fast. It is my first speeding ticket over 10 yrs of driving. The fine is $115 and point 3. I went to see the matistrate and he said he can't do anything except making an appointment for a trial if I wanted to. I contacted a lawyer and he says that it's very likely that he can reduce/clear my points and his fee is $375. Is there a chance that I can do that in a court without a lawyer or I better off hiring him?
2007-09-18 04:14:43 · 16 answers · asked by dinga 1 in Politics & Government ➔ Law & Ethics
Hello,
I found out that they don't offer traffic school here. I asked about PJC and the clerk told me that I can set up a meeting with the judge to "appeal to the magistrate's decision". What do you think of that?
2007-09-18 05:28:45 · update #1
So my ticket has three options, "admit responsibility" which is just to pay the fine, "admit responsibility with explanation", and "deny responsibility". I don't think it's a good idea to "deny responsibility". So should I check 'admit responsibility with explanation" and then go to the court? Then say what? I honestly didn't know that I was speeding, and didn't even check my speedometer when I saw the police car behind me. I normally go below the speed limit so it wasn't an issue for me and this WAS a new car and didn't feel that I was going fast at all.. I just want to know what I should do when I go to the court. Now I don't think it's a good idea to hire a lawyer.. The points last for two years and my insurance company told me that they won't change for a year (since I just renewed my insurance) and a year later they may or may not look at my driving record.
2007-09-18 07:31:52 · update #2
Your best bet is to go to court, plead guilty, explain the situation to the judge, and ask for leniency based on your good driving record. If you go in and accept responsibility for your actions there's a very good chance the judge will give you a break, like reducing it to impeding traffic (which is a zero-point offense and probably costs less than the speeding ticket). Just be sure to dress appropriately, be respectful, and make it clear to the judge that you know you messed up and you take it seriously. If you go in with the wrong attitude (like if you behave as if you have an axe to grind) the judge is going to BURY you. No point in wasting $375.00 for a lawyer who won't be able to do anything more for you than you can do for yourself. Good luck!
2007-09-18 04:28:12 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I disagree with those who say you cannot represent yourself. Just by showing up for trial, you are likely to get the fine and/or points reduced. This won't happen in front of the judge, it will happen before the trial begins -- the district attorney will talk to you about your case and, unless it seems clear that you're going to shoot yourself in the foot (for example, by offering to testify that you just didn't know you were going that fast), he will almost certainly offer you a plea.
Just remember, even for a speeding ticket, the burden of proof is on the government to prove its case beyond a reasonable doubt. You don't have to testify. So the government has to prove, without forcing you to testify under oath, the speed of your car on that fateful day. So, in the unlikely event that the prosecutor doesn't offer you a deal (say, failure to observe a traffic sign, for a $75 dollar fine and no points; or simply a speeding ticket for a slower speed, for a lower fine and fewer points), let the government prove its case. When it's your turn, ask the witnesses (probably the cop who wrote the ticket) whatever questions you can think of (for example, did he use a radar detector? Was it in proper working order? When was it last checked by a technician? And so on.). Whatever you do, don't testify yourself unless you can help your case by telling the whole truth.
The most helpful thing you can do to get off is simply to show up. Don't overstate your case to the prosecutor. Don't say you weren't speeding if there's any chance he can prove you were. But tell him (if this is true) that you don't believe that he will be able to prove his case. Why would he want to bother with you, when he knows you'll probably plead guilty to a lesser charge?
Good luck.
2007-09-18 06:51:43 · answer #2 · answered by nycityboy1234 3 · 0⤊ 0⤋
pay the fine and be done with it. you get like 12 points before you lose your license and after a year of no further tickets it starts to go down again anyway. save the expense of a lawyer for a time when it matters. time in court is time you could spend making money to pay the fine. Normally a first offense will get either a fine reduction or points reduced without going to trial, just for showing up and asking nicely. If that didn't happen, just take the loss and keep it to no more than 9mph over the limit. they won't screw around with tickets for that much over
2007-09-18 04:29:19 · answer #3 · answered by John M 7 · 1⤊ 0⤋
So you are considering paying a lawyer $375 for a $115 ticket on the off chance that he can get the fine reduced. If you were in Oklahoma, I'd fall down laughing and tell you that the lawyer is way ahead of you. As to doing it yourself, the answer is no, you won't be able to reduce the fine or clear the points. If you have that kind of money, pay the lawyer, but don't be shocked out of your shoes when it doesn't happen. If you were caught on radar, I seriously doubt if you will get out of it.
2007-09-18 04:25:41 · answer #4 · answered by Anonymous · 2⤊ 0⤋
The "new car" excuse is so over used it is a joke.
The car does have a speedometer does it not?
If you force it to trial and lose (which you will) you will also have to pay court fees.
Just pay the fine, take the points and pay more attention in the future. One ticket in 10 years is nothing to worry about.
(Now if you are lying and this is your third ticket in a year, you had better hire the lawyer.)
2007-09-18 04:31:39 · answer #5 · answered by forgivebutdonotforget911 6 · 1⤊ 0⤋
You can go to court and alot of time they will make a deal with you, like 6 months no ticket and the points will be dropped. Spending the money on the lawyer seems a bit much especially if its your first offense in 10 years, plus you were only going 14 over. Good luck! : )
2007-09-18 04:23:15 · answer #6 · answered by kaytee3212 6 · 2⤊ 0⤋
You're probably better off just paying the fine, unless the 3 points will do catastrophic things to your auto insurance premiums. Check with your insurance agent to find out for sure. If the ticket won't affect your premiums, it's not worth the time and trouble to fight the ticket and/or hire a lawyer.
2007-09-18 04:25:39 · answer #7 · answered by Navigator 7 · 0⤊ 0⤋
Why pay a lawyer so much more money than the fine is worth and you might still lose, fight the case on your own, what could a lawyer do in a traffic situation, he just wants your money, a lawyer will say anything to get your money
2007-09-18 04:24:02 · answer #8 · answered by Anonymous · 2⤊ 0⤋
You would save money by paying the ticket and taking defensive driving to get it off your record, which won't be a problem if you haven't had a ticket in 10 years. Plus, it will take less time & money than laywers and court costs.
2007-09-18 04:24:27 · answer #9 · answered by quirky 5 · 2⤊ 0⤋
don't hire a lawyer for this ticket, just pay it and go on with your life. I promise, it will be more trouble than its worth to get a lawyer and you'll end up payin 4x more than you would if you just pay the ticket. A lot of places, you can take a defensive driving course to reduce the license points.
2007-09-18 04:22:45 · answer #10 · answered by Anonymous · 3⤊ 0⤋