Question about ticket issued

[redirish28]

My wife got a ticket and she wants to plea no contest because she knows the Magistrate she needs to go thru doesn't give fair hearings.

She honestly doesn't feel she should have gotten the ticket and she feels she should be able to plea no contest but on the ticket she has to sign her name to either Guilty or Not Guilty.

[Prefer]

1. cost you court fees to fight it doesn't it?

and you say you'll lose anyway. Just pay it.

[redirish28]

4. She doesn't want the points on her lisc. She only got the ticket because she

was following a state cops orders. I spun out on black ice last friday. I thought I would need it towed so I called her to come get me. State trooper insisted that it was okay to drive as long as my wife stayed behind me and basically acted like my tail lights. She was until this city cop pulls her over claiming she was running a red light.

It was changing as she was going under it. She tried to explain to the cop what happen the cop acted like she was lying. She wanted to refuse the ticket but she was concerned that I was up ahead on the side of the road waiting for her. My trunk was flopping like crazy my 4 way flashers did not work right(State Trooper told me to keep them on the whole way home in the slow lane).


She doesn't have time to fight it.

She only wants to plea no contest to let the thing drop.

[I work for workers]

8. Take my advice, and plea not guilty.

You are fucking yourself over if you plea guilty. A not guilty plea is a painless affair. As soon as you give it, the judge is almost certain to offer a plea bargain. You can take it right there with no more hassle then if you had plead guilty. Realistically, it will be less of a hassle, since the plea deal will probably cost you less money and eliminate insurance issues.

If you want to fight it hardcore, go to trial, call the state trooper as your witness, and make the case you don't deserve it.

[I work for workers]

9. Fighting it is free, pleading guilty isn't.

Fighting it only involves pleading not guilty and accepting a lesser charge. The judge WILL offer you a plea deal because it saves the court the time and money they would have to spend trying you.

Pleading guilty to a ticket is ALWAYS the worst option.

[flvegan]

2. This is a question for a lawyer.

Here, you enter a Not Guilty plea, then you can change it in court to Nolo Contendere. No idea about your state.

Again, lawyer.

[Pavulon]

3. Moving violation?

if so a Lawyer will make it go away. If it is non moving, non insurance impacting event (tags, etc) pay it.

Never go in on your own.

[I work for workers]

5. NEVER, EVER PLEA GUILTY TO A TICKET!

Fighting is free, pleading guilty isn't. Only idiots plead guilty to tickets.

If you plea guilty, you can't plea down to a lesser offense or get a hearing. Plea not guilty and one of three things happens.

1. The judge offers a plea bargain. If you take it, this will most likely either cost less, or avoid insurance penalties. This is a solid option to take. Most tickets are given in order for judges to offer plea bargains down to local offenses so the town can make cash.

2. You get a hearing date. If the cop doesn't show up to bear witness against you, the judge has to dismiss the charges and you don't have to pay. This is your ideal goal, and happens far more often then you would expect.

3. You get a hearing and the cop does show. Chances are you are fucked, but it is possible to question the cop about the incident to try and prove your case. Don't be intimidated, outside of a few select big cities you have a right to cross examine the cop and to defend yourself. Best case scenario: the cop cant remember enough about the ticket and you get the case dismissed. Worst case scenario: you are guilty and have to pay the same fine you were planning on paying voluntarily.

Lets break out the game theory and give values to the possible outcomes:

Plea not guilty: Best possibility: Get off without paying. Good possibility: pay lesser fine. Worst possibility: pay original fine and incur maximum penalties in fines and insurance costs.

Plea guilty: Only option: pay original fine and incur maximum penalties in fines and insurance costs.

Don't plea guilty. Forget no contest. Plea not guilty, and minimize your losses.

[walldude]

6. Did she deserve the ticket?

Then plead guilty and pay the fine. If not? Fight it.

[redirish28]

7. We don't think she did.

[I work for workers]

10. K&R, because everyone should know how to handle tickets.

[jmg257]

11. Do NOT plead guilty. It IS worth it...

Do not request a deposition if it is an option, most cops get pissed at the extra work. Choose "Not Guilty", mail the ticket (this is a "hearing" - you entered a plea), and wait...

She will be assigned a future court date for "trial".

Every cop I knew/know (including me) will try to talk to her before appearing before the judge. They usually call the person's name and bring her "out in the hall" or whatever to consult. IF he doesn't show, another cop MAY talk to her instead - treat him the same, as they CAN reschedule otherwise.

The cop will offer her a lesser charge - hopefully something like a seatbelt or equipment violation - she could mention it if he doesn't offer "enough".

Hopefully she was polite and respectful during the stop - it will help.

If agreed, the cop will tell the judge that after a discussion with the defendant (your wife), he is willing to reduce the charge, and that she agrees, the judge will confirm this with her, and then tell her the fees - court fee, violation fee etc.

The best hope indeed is that the cop (or another) doesn't show - the ticket will be dismissed due to "a lack of the people to prosecute". Happens often enough.


IF it goes to trial (her & cop before the judge) because the guy is a prick, or whatever - chances are your wife will lose, so don't take any pre-trial offer lightly. Worse case, you will be found guilty anyway - no worse off.

[THUNDER HANDS]

12. plead not guilty

you always get something taken off if you plead not guilty. But be respectful to the judge when you go there.