i got a speeding ticket
Originally Posted by kalibo,Sep 29 2008, 01:07 PM
The myth that if the officer doesn't show it gets thrown out is untrue. At least here in FL. I officer can have the trial rescheduled if for some reason her cant make it. Most of them don't mind going becuase they get off-duty pay which is time and a half-ish. Around here it's about $35/hr. Your best bet is to plead no contest and see what is ruled you can ask for a lower fine and no points and if you have a good driving record they will probably grant it.
I disagree. When I went to court, I was fortunate not to be called for about an hour after the proceedings began. Every kid that pleaded no contest got the same thing, slightly reduced fine, and no reduction in points. I, on the other hand, was of the mind to have the points dropped, and the fine reduced. I watched as the more mature people pleaded 'not guilty', and they were being assigned to come back for a meeting, not a court 'trial', and this is what I did. It was the correct course of action.
Do what you want, but do NOT plead 'no contest'.
My wife actually went though the ticket assassin way of fighting her ticket and won. Here is a brief summary of what it entailed:
- Request for Trial by Declaration as mentioned by Rasetsu99.
- Trial by Declaration basically means that the trial will be handled through mail, where both parties (you and the cop) will submit their side of stories of how the event took place. Once submitted, the judge will rule based on the facts documented in the declaration. However, if the cop failed to submit the report, the case is dropped.
- If the cop submits the report, it's likely that the judge will rule in his/her favor, but since the cop doesn't get paid doing it, there is less incentive for them to submit the report.
- Even if the judge ruled against you based on the report submitted by the cop, you still have the chance to appeal and appear in court. The trick here is to delay the process by postponing the court date as many times as you can, which can lower the chances of the cop showing up. Even if he/she shows up to the court, it'll be very unlikely that he/she will remember what the ticket was about and very likely that the judge will drop the case.
Eric
- Request for Trial by Declaration as mentioned by Rasetsu99.
- Trial by Declaration basically means that the trial will be handled through mail, where both parties (you and the cop) will submit their side of stories of how the event took place. Once submitted, the judge will rule based on the facts documented in the declaration. However, if the cop failed to submit the report, the case is dropped.
- If the cop submits the report, it's likely that the judge will rule in his/her favor, but since the cop doesn't get paid doing it, there is less incentive for them to submit the report.
- Even if the judge ruled against you based on the report submitted by the cop, you still have the chance to appeal and appear in court. The trick here is to delay the process by postponing the court date as many times as you can, which can lower the chances of the cop showing up. Even if he/she shows up to the court, it'll be very unlikely that he/she will remember what the ticket was about and very likely that the judge will drop the case.
Eric
Plea not guilty and go to court. for 10mph, they will lower the fine and point to something else. I once got ticket for 41mph over going 86 on 45zone. Went court and they lowered the fine and point to 20mph over.
good luck...
good luck...
Is this your first ticket? If it is just pay the fine and take driving school to erase your point. Usually if you go to court the judge will lower ur fine and askes if you plead guilty or not. You can decide then if you want to fight it or take the lesser charge.
You can fight it if you want but I must warn there is no such thing as guarantee win and if you lose you won't be able to take driving school to erase the point. Your insurance might go up and you might end up paying more at the end.
You can fight it if you want but I must warn there is no such thing as guarantee win and if you lose you won't be able to take driving school to erase the point. Your insurance might go up and you might end up paying more at the end.
wokuku is absolutely correct.
Do what I do - pay the damn ticket and go to traffic school so you get no points on your record.
Why should taxpayers have to bear the cost of your court appearance? You are guilty - by only 10mph - but you are still guilty. Courts aren't cheap. And we are also paying the salary of one CHP officer who has to waste half of his day in court because you want to get away with something. The courts are too cluttered already with so much BS, people who are guilty of their crime shouldn't be trying to get out of doing their time.
The ticket will be less than $200, if you want traffic school it's an additional $20-30. The traffic school will be less than $100. By fighting the ticket you are probably costing us taxpayers a few thousand in court employee wages, the salary of the judge, the salary of the CHPer... [/rant]
Do what I do - pay the damn ticket and go to traffic school so you get no points on your record.
Why should taxpayers have to bear the cost of your court appearance? You are guilty - by only 10mph - but you are still guilty. Courts aren't cheap. And we are also paying the salary of one CHP officer who has to waste half of his day in court because you want to get away with something. The courts are too cluttered already with so much BS, people who are guilty of their crime shouldn't be trying to get out of doing their time.
The ticket will be less than $200, if you want traffic school it's an additional $20-30. The traffic school will be less than $100. By fighting the ticket you are probably costing us taxpayers a few thousand in court employee wages, the salary of the judge, the salary of the CHPer... [/rant]
I've never tried this idea.. but when I was in traffic school, the dude that talked to us was a retired cop and he gave us pointers in getting out of tickets.. and he said lots of people have gotten away with speeding tickets by stating that it was late at night and there were hardly any cars on the road. idk, just a thought
Originally Posted by S2K_Cincy,Sep 30 2008, 10:48 AM
^^^ He's correct, court fees are included in judgements....and in this case a finding of "not guilty" is not an option. He will be guilty, just hopefully on a lessened charge.
mszalli, by saying you were speeding because there were hardly any other cars on the road, you are admitting guilt. I think maybe a retired cop who has to teach traffic school is bitter and wants you to incriminate yourself.
Not admitting guilt is important and cops know it. What's the first thing they ask when they pull you over? - "Do you know why I pulled you over?". Depending on your answer you've admitted guilt. It seems like an innocent question but when the cop goes to court he can say "Yes, Your Honor, the defendant admitted guilt."


