Got arrested
I was in court two days ago. Speeding ticket on my bike for going 55 in a 35,
according to the state trooper. I wasn't and I was prepared to fight it. Fortunately,
I didn't have to. Here is what I did. I contested the ticket and was given a court date. I did not subpoena the officer. You do not want him to show up in court. Fortunately, the officer didn't file an affidavit, so the judge had to dismiss the ticket.
No affidavit, no police officer present = automatic dismissal (here in WA). No evidence, no way to prove you were speeding. The ticket is not evidence. I got lucky.
So did a 16-17 year old guy. The officer submitted an affidavit, but forgot to write down the serial number of the radar device he used. Automatic dismissal. He was doing 97 in a 55.
Two other people ahead of me also had their speeding ticket dismissed because there was no affidavit, and no officer present.
I'm not saying you will get lucky like me and those 3 other people. You should hire a lawyer. I talked to a lawyer (but didn't hire him) and he said you don't want to subpoena the officer and have him show up to court. If you do, you are giving him notice that you are fighting the ticket he wrote you, and he will submit an affidavit so he doesn't have to show up to court.
Good luck.
according to the state trooper. I wasn't and I was prepared to fight it. Fortunately,
I didn't have to. Here is what I did. I contested the ticket and was given a court date. I did not subpoena the officer. You do not want him to show up in court. Fortunately, the officer didn't file an affidavit, so the judge had to dismiss the ticket.
No affidavit, no police officer present = automatic dismissal (here in WA). No evidence, no way to prove you were speeding. The ticket is not evidence. I got lucky.
So did a 16-17 year old guy. The officer submitted an affidavit, but forgot to write down the serial number of the radar device he used. Automatic dismissal. He was doing 97 in a 55.
Two other people ahead of me also had their speeding ticket dismissed because there was no affidavit, and no officer present.
I'm not saying you will get lucky like me and those 3 other people. You should hire a lawyer. I talked to a lawyer (but didn't hire him) and he said you don't want to subpoena the officer and have him show up to court. If you do, you are giving him notice that you are fighting the ticket he wrote you, and he will submit an affidavit so he doesn't have to show up to court.
Good luck.
The head-scratcher would be (if I were in the poster's shoes) if he went to the effort of arresting the guy, the cop HAS to (in most states) fill out a good chunk of paperwork, so, after all that, said police officer doesn't make his court appearance?
On the other hand, if the cop doesn't show up, I DARE you to take the county to small claims court for the towing and car impounding fees. . . . (WAY J/K). . .
Originally Posted by 8D_In_Trunk,Oct 29 2004, 04:38 PM
if he went to the effort of arresting the guy, the cop HAS to (in most states) fill out a good chunk of paperwork
If that's the case, the cop doesn't have to show up to court. His report will
be the evidence the judge sees.
Does VA offer the "probation" option?
Bro, you're F'd. Plain and simple. Don't waste your time and cash on a lawyer. Plead guilty, go before the judge, toss around some BS and ask for leniency. You'll be out of there for $200 give or take. A lawyer with a decent head perched on his shoulders will charge you that for one lone hour.
Yup depending on the state you can get arrested for speeding. It's called: CRIMINAL SPEEDING. In most states, if you are in excess of 15-16 mph over the speed limit, they can arrest you.
It happend to my brother last year when we were living in Arizona. They got him for 105mph in a 70.
Now that isn't too smart, but it really broke my purse bailing him out also. ><
It happend to my brother last year when we were living in Arizona. They got him for 105mph in a 70.
Now that isn't too smart, but it really broke my purse bailing him out also. ><






