court

touwseew · 05-20-2002

i have a court date soon for speeding. i want to plead not guily, but i can't come up with any reasons. can i get some advice on what i can say so i can possibly win? thx.

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APS · 05-20-2002

The accelerator was stuck......[IMG]i/expressions/laugh2.gif[/IMG][IMG]i/expressions/laugh2.gif[/IMG][IMG]i/expressions/laugh2.gif[/IMG][IMG]i/expressions/laugh2.gif[/IMG]

solar · 05-20-2002

If you can afford it get an attorney, if not got to the court house and go to Public Records, find out how long its been since the radar gun that got you has been inspected and calibrated. If its out of its due date you have a chance. Also if the cop doesn't show up in court you win by default. A lawyer will do all this for you plus they have ways of finding out vacation times of the officer and a good lawyer will get a extention date and scedule the court date on the officers vacation time. I haven't done this but a friend of mine has beat 3 speeding tickets this way, but a good lawyer will get you for about $600 per apperance for traffic vialations.

My best advice thought is buy a good Radar Dector and slow down. [IMG]i/expressions/face-icon-small-smile.gif[/IMG]

QCKSILVR · 05-20-2002

You do not win by default if the officer fails to show. Usually you just appear the first time to say "guilty," or "not guilty." That's it. Don't expect anything to be taken care of in one visit. The state is usually allowed to request two continuances or adjournments. The officer will eventually show, as they are paid to do so. The officer has the right to not be required to appear on a vacation date, this is a valid excuse for the state to request another date. As far as the calibration route, don't count on it. We (the police) carry little credit card sized cards showing that we are RADAR/LIDAR certified operators and that the equipment belonging to the department is calibrated on a daily basis. The court will usually believe the officer, so your best bet is to speak with the prosecutor and request a dismissal or a plea of some sort.

touwseew · 05-20-2002

qcksilver: how can i be able to talk to the prosecutor before the case?

RegulatorRacing · 05-20-2002

hmmm bribes work nicely...

Dustman380 · 05-20-2002

in new orleans, you talk to the d.a. and he reduces your ticket, then you plead guilty to the lesser charge, it happens every time

QCKSILVR · 05-20-2002

<< in new orleans, you talk to the d.a. and he reduces your ticket, then you plead guilty to the lesser charge, it happens every time >>

Exactly. Assuming that you have a clean record, the DAs will offer lesser charges for you.

To talk to the prosecutor, you will have to appear on the date that is indicated on the ticket. The person representing the state is the prosecutor. He/She is an attorney and is assigned to prosecute that summons. Before the judge takes the bench, they will usually call names off the list of people assigned to be there on that date. You step forward and conference with the prosecutor when you hear your name and work out some type of deal, if they are willing to do that. You can also contact the court and speak to the clerk to determine who is assigned to your summons.

solar · 05-21-2002

QKSILVR: I have a feeling from reading your pervious posts that you are a man of the law. You, if anyone, should be able to clear up any discrepances about traffic laws. I maybe wrong, but what I preivously posted was real. My friend did get out of 3 speeding tickets though ways that I posted. Before I go any farther I want to say that I respect the "towns finest". The best way to beat a ticket is to not be in the situation to get one.

So enough said; here in Florida if the "ticketing officer" is not present at the traffic trial the offender is basically, "let go". I've never been in this situation but I would imangine that if it was a DUI or a offence that was involving property damage or the like, would be more likely resulting in a conviction.

I really have no say here but any feed back from this would be great. [IMG]i/expressions/face-icon-small-smile.gif[/IMG]

QCKSILVR · 05-21-2002

I can only speak for New York, so perhaps what you described is accurate for the State of Florida. The officer is never present the first time in NY; and it requires a lot of work to get a summons dismissed based on the argument that the officer isn't appearing.

DWI (known as DUI or OUI in some other states) follows a different procedure than that of a routine traffic stop in that an arrest has to be made. You can't hand someone a summons for driving while intoxicated and then tell them to "drive safely." It also can result in several hearings where the officer is present to state his/her observations.

What you stated is probably accurate for your state, proceedings vary from state to state.

solar · 05-21-2002

QUCKSILVR: You're so right about the laws that go from state to state; I'm still not sure how well my post, on anything else, would hold up in court: IE: DUI, DWI, Careless Driving, etc.

I was just talking about speeding (over 15 mph posted speed limit)

The rest though, you go get em'. The last thing I want to see is a drunk A-hole wipe out my family.

2cute · 05-21-2002

Dude you are in Cali all you need to do is pay the fine and go to traffic school No points nothing on your record. You were speeding deal with it. Pay the fine and own up to your mistake.

skitzo · 05-21-2002

get a picture of the cop and we can photoshop a crack pipe into his hand, then you can give it to the judge and ask for a dismissal.

Or

Since it sounds like you were actually speeding, take it in the pooper and sit in 8 hours of traffic school. It's a lot easier then going back to court over and over.