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speeding ticket

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Old 03-05-2009, 04:22 PM
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Default speeding ticket

well i recied my coutesy notice of my speeding ticket and well, the officer told me i can go to traffic school, but on my notice is is marked as n/a and that i dont have the choice to go to traffic school.

my only options are to pay the citation or request to appear in court requesting either of the following:
1.arraigment-appearance to hear charges,advisment of rights and entry plea
or
2.court trial-contest citation

my siuation is simple that i know i went over the speed limit and the officer caught me with this gun. I am trying to go to court to explain to the judge that i know i was wrong, and well after having driven for over 12 years i havent had one speeding ticket as of now. And i know i made a mistake and understand i need to pay a fine but please if i could be given the option to go to traffic school and maybe have my fine reduced a bit. cause i was stressed from work and well i made a stupid mistake on my part by speeding cause i wasnt feeling good since my grandmother just passed also.

which option do i pick cause im not trying to go court saying i wasnt speeding, im just trying to explain myself.

what do i do?

thanks
Old 03-05-2009, 04:34 PM
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Others can (and should) chime in.

I'm not a lawyer but. . .

You should contest the citation. Since he explicitly told you he caught you using the radar gun, you have the right to see:

- his training certificate for that device
- the tuning fork and calibration charts for that device (maitenance of the device)
- you have the right to ask when the road was last surveyed (if you were caught going over 55mph, don't bother with this one) and "review" whether or not you were abiding by the basic speed law for that area
- If the officer does not show up, bob's your uncle.

http://www.ticketassassin.com/
Old 03-05-2009, 04:40 PM
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He caught you by using a radar or laser gun OR he caught you illegally carrying a firearm in the car?
Old 03-05-2009, 04:50 PM
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how do i send a Trial by Written Declaration?
is there a form or is it just a letter?
Old 03-05-2009, 04:53 PM
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actually i dont know how he caught me, i was just at a light and hit the gas to pass the car on my right cause my turn was comming up. And well when i hit the next light he was behind me with his lights on. I dont even know where the heck he came from. i then pulled over, and he asked for usuall licence and registration and i gave it to him and and then he wrote me a citation and told me how fast my car hauls. thats it and i went on my way.
Old 03-05-2009, 05:49 PM
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Why does it matter, your license isnt in risk of being pulled?

The judge rarely feels pitty, Your ownly hope is that the cop doesnt show up.

imo
Old 03-05-2009, 05:59 PM
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Originally Posted by emrillive,Mar 5 2009, 05:50 PM
how do i send a Trial by Written Declaration?
is there a form or is it just a letter?
It should have the directions on the ticket itself. (Assuming you have the option to)

When I did it, I had to write a letter pleading not guilty and requesting a Trial by Written Declaration. After they receive it, they'll send you a form/papers for you to write your side of the story on, which you have 4 weeks to do, then after they receive your letter, they have 4 weeks to review it and decide whether you're guilty or not.
Old 03-05-2009, 06:38 PM
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tl;dr
Old 03-05-2009, 09:15 PM
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Originally Posted by amirite,Mar 5 2009, 07:38 PM
tl;dr
Post of the week right here folks.
Old 03-06-2009, 06:52 AM
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The only problem I have with what you said is that you want to go in and say you did it which reminds me of the oldest trick in the book in traffic court......."Sir would you like to plead not guilty, guilty, or guilty with an explanation?" That is a trick generally played on idiots. Its a guilty plea. In most cases the judge does not care what your explanation is.

They like the contrition part and being humble before them, it strokes their ego.

But I think you need to figure out before you go in, are you pleading guilty or not guilty?

There are a jillion ways to beat a speeding ticket even if you were speeding. Trust me I know.

Another key is did you admit to speeding when you talked to the officer? In lots of places arouond the country you are now being recorded when you talk to the officer, they are mic'ed. And many have the option to video the whole interaction or just record voice.

We got a very successful defense attorney who does a radio bit here locally, and his advice is when asked "Do you know what speed you were going?" your only response should be "The speed limit, officer." And repeat that as many times as you are asked until the cop knows he wont get anything else.


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