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Dude_CalmDown Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 07:51 AM
Original message
Need some traffic court advise
I have to go and try to reduce the points on a speeding ticket. My friends tell me I need to talk to the prosecutor before court begins. What exactly does that mean? Do I have to set up an appointment or just go early? I am hoping that I can get a non-moving violation so that I won't get points but will still pay the district a fine. Should I just ask for that? Should I plead guilty or not guilty? A friend said I need to go and plead not guilty and then go talk to the prosecutor. Won't the prosecutor be a little busy at this point? I've got to run to work now but if anyone has any advice they can throw at me I thank you in advance.
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 08:02 AM
Response to Original message
1. Traffic lawyer checking in.
Edited on Wed Mar-23-05 08:03 AM by no_hypocrisy
1. Yes, arrive early and get a good place on line. Wear nice clothes.

2. Talk to the prosecutor. Explain what happened without lying or using too many words. Is this your first violation and/or conviction? If so, stress your clean driving record and you'll be more careful in the future, etc. Don't suck up, but be deferential.

3. Even if the prosecutor "downgrades" your ticket (speeding but less points or another violation like "unsafe driving", etc.), your deal depends upon the officer who issued your ticket. If s/he says no, then it's over. I hope you were polite when you got the ticket and didn't say or do anything that would leave the officer with a less-than-good impression of you.

4. One more hurdle. If you were speeding at a rate that offends the judge, it doesn't matter what the prosecutor and the officer say or do. I had a judge who was so offended by my adolescent client speeding 25+ mph over the limit in the dark two weeks after getting her license, he crossed his arms and said no way. So, I know this can happen, though it's rare.

5. When the docket in court is called, you initially say "not guilty" as it's like taking roll call in school. BUT, when your case is called, and you have the deal with the prosecutor with the downgraded offense, THEN you plead guilty.

P.S. BRING CASH to the court. They get peeved when you can't pay your fine.

P.P.S. Always ask the prosecutor how many points are on the "downgraded" offense.

P.P.S. If you think you are over-your-head, go to court, ask for an adjournment (postponement) and get an attorney for the trial.

Good luck.
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Dude_CalmDown Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 08:06 AM
Response to Reply #1
4. Thanks so much.
OK - I've really got to run now (I don't want to get a ticket on my way in this morning).
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kanrok Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 08:04 AM
Response to Original message
2. The way traffic court works:
It's usually a cattle call. There will be those who are represented by an attorney, and those who will not be represented. Those who are represented will have their cases heard first. This is not just professional courtesy, most lawyers have to be in more than one courtroom at a time, and it helps the judges in the other courtrooms if they can get the attorneys therre earlier, rather than later. If you are represented, then your attorney will talk to the prosecutor, likely just before the call begins. You will see a line of private attorneys getting ready to talk to one person, who usually has the court files in front of him or her. This is the prosecutor. He or she will talk to you without an attorney. So get to the courtroom 15 minutes ahead of the court call and get in line. The prosecutor will ask you about your driving record. You should be straight-forward when discussing this with him or her. While he/she may have access to your driving abstract, it is unlikely that he/she would check each of the files. But the police officer who arrested you, or his supervisor, may be in the courtroom, and, depending upon how much of a hardass he/she is, they may check all of their arrests abstracts. Bottom line, it's worse getting caught in a "white lie" about your abstract than just being up-front. I don't know what the procedure is in your state, but there are always ways to get your penalty reduced. It depends upon a few factors. One of those factors is how much you were over the speed limit. If you were more than 21 MPH over, most states treat that seriously. Another factor is your driving record. If you have no convictions in the past 24 months you are most certain to get a minimal penalty. My advice: get a lawyer. For two reasons: one, you get in and out quickly, and it's likely that the lawyer knows the prosecutor and can get you the best deal. It'll cost a hundred or so, but it's well worth it. Good luck.
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sam sarrha Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 08:05 AM
Response to Original message
3. Call a local traffic school and ask them what to do.. they know all the
judges and how they deal with tickets, and they know the local laws..

in Texas if you have a commercial .. then it is different.

it is different everywhere but the local schools know what to do in their area.

i got a ticket in another state , and was able to do traffic school by mail. I believe i called the prosecutor to find out what that states process was. it cost $40, i paid $25 in Texas for a really fun class, the answers to the multiple answer/true/false questions were all capital letters.:headbang:

no problem, Fascism at its best.

yellow pages unter 'trafic schools'
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Dude_CalmDown Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 08:09 AM
Response to Original message
5. Thanks all
Gotta run but I'll check this later. Thanks again.
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