Is pace ticket easy to fight?
04-21-2004, 06:31 PM
#4
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no....
... traffic law hotline, traffic law center, etc... plea bargaining is the way to go. Cost a similar amount to a ticket - but that's the price you pay for speeding and gettin caught. The nice thing about fighting this way - is that you don't suffer ponts, nor insurance hikes.
After all, the cops WANT you to go fast.
After all, the cops WANT you to go fast.
04-21-2004, 10:43 PM
#6
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Call the court house and ask if you can have the ticket changed to a non-moving violation...
State/county still gets their money, but as mentioned previously no points/insurance hikes.
The request might need to be submitted in writing.
I have never done this personally, but one of my parents and a co-worker both have done it sucessfully.
Good luck!
Gavin
The request might need to be submitted in writing.
I have never done this personally, but one of my parents and a co-worker both have done it sucessfully.
Good luck!
Gavin
04-21-2004, 10:56 PM
#7
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In my neck of the woods the deal is that you get
a "continuance", which means you pay a little extra dough, but then nothing shows up on your record or insurance as long as you don't get another moving violation within six or twelve months.
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04-22-2004, 01:43 AM
#8
mitigation is " guilty. with an explanation"... still guilty.,
call and talk to the court clerk or the town's prosecutor and ask if he will accept a guilty to a non moving violation. If not get a court date and be prepared...
04-22-2004, 06:19 AM
#10
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well... (long-ish)
we're all suggesting similar things:
It boils down to you and the court coming to an understanding over several things:
1. you're technically guilty of speeding (and you were caught red-handed as a matter of course)
BUT
2. if the court charges with speeding, you are gunna fight to the fullest extent of your rights, which places a burden upon the system.
BECAUSE
3. The court just wants to get what is now THEIR money (though currently residing in your wallet) in the easiest way possible (and, oestensibly, for you to slow down on their roads). In order to facilitate this, the court is willing to go down the path of least resistance, as you are, too... so long as it doesn't impact you negatively.
SO
4. The courts offer you the chance to agree with them that (a) you're not a danger to the community (nor a bad person), and (b) nothing would be served by your being prosecuted to the fullest extent of the law. Instead, (c) justice would best be served if you were given a slap on the wrist and the chance to try and do better next time (just so long as you pay the court 'fees').
Any probationary period becomes their way of keeping your driving sane for a while (as well as being able to say to you "Just don't let it happen again!")
IMHO, this entire process hinges on #2 - and how serious/capable the court think you are. Unfortunately, newcomers to the legal system (heck newcomers even to specific legal systems) are biased against... and looked down upon. If some yahoo individual speed demon calls me (as the country clerk) and tries to convince me that he's gunna come and lawyer up my system, I do believe that I might want to make him suffer. "This isn't the way things are done - criminals don't call me and ask me to change things - this is the LAW after all."
However, if you approach it in the same manner that all the other people who want the same thing are doing, then you become a number - one of hundreds (if not more) speeders that look for a simpler way. Happily, the court doesn't want to clog their docket dealing with you, nor do they want to mount a case against you if they do not have to (note: aspects of your particular case notwithstanding, you will find that judges in traffic court are notoriously biased against defendants, unless a clear miscarriage of justice is at work. If you got busted for speeding fair-and-square, don't expect the court to side with you easily).
My advice: call a traffic law center or hotline and pay the money: these places exist solely based on their relationships with county clerks, and deal with all of you in large batches. It's a system that has developed that works out for everyone. You take your lumps and fork over cash for being caught speeding, but you don't suffer any long term ill effects (points or insurance hikes). The courts get tehir fair share and have to do precious little work. It's acutally quite nice...
Alternatively, you can get your own lawyer (or fight on your own) and try for a continuance/probation deal. This will definitely cost more (in both time and money) but it can work... depends on how arguable your case is and how much time you have to devote to it.
Or you can always get in line with the rest of the lambs being lead to slaughter and pay your money after checking the 'guilty' box on the ticket (but that's no fun, is it?) ...
Just my $.02.
It boils down to you and the court coming to an understanding over several things:
1. you're technically guilty of speeding (and you were caught red-handed as a matter of course)
BUT
2. if the court charges with speeding, you are gunna fight to the fullest extent of your rights, which places a burden upon the system.
BECAUSE
3. The court just wants to get what is now THEIR money (though currently residing in your wallet) in the easiest way possible (and, oestensibly, for you to slow down on their roads). In order to facilitate this, the court is willing to go down the path of least resistance, as you are, too... so long as it doesn't impact you negatively.
SO
4. The courts offer you the chance to agree with them that (a) you're not a danger to the community (nor a bad person), and (b) nothing would be served by your being prosecuted to the fullest extent of the law. Instead, (c) justice would best be served if you were given a slap on the wrist and the chance to try and do better next time (just so long as you pay the court 'fees').
Any probationary period becomes their way of keeping your driving sane for a while (as well as being able to say to you "Just don't let it happen again!")
IMHO, this entire process hinges on #2 - and how serious/capable the court think you are. Unfortunately, newcomers to the legal system (heck newcomers even to specific legal systems) are biased against... and looked down upon. If some yahoo individual speed demon calls me (as the country clerk) and tries to convince me that he's gunna come and lawyer up my system, I do believe that I might want to make him suffer. "This isn't the way things are done - criminals don't call me and ask me to change things - this is the LAW after all."
However, if you approach it in the same manner that all the other people who want the same thing are doing, then you become a number - one of hundreds (if not more) speeders that look for a simpler way. Happily, the court doesn't want to clog their docket dealing with you, nor do they want to mount a case against you if they do not have to (note: aspects of your particular case notwithstanding, you will find that judges in traffic court are notoriously biased against defendants, unless a clear miscarriage of justice is at work. If you got busted for speeding fair-and-square, don't expect the court to side with you easily).
My advice: call a traffic law center or hotline and pay the money: these places exist solely based on their relationships with county clerks, and deal with all of you in large batches. It's a system that has developed that works out for everyone. You take your lumps and fork over cash for being caught speeding, but you don't suffer any long term ill effects (points or insurance hikes). The courts get tehir fair share and have to do precious little work. It's acutally quite nice...
Alternatively, you can get your own lawyer (or fight on your own) and try for a continuance/probation deal. This will definitely cost more (in both time and money) but it can work... depends on how arguable your case is and how much time you have to devote to it.
Or you can always get in line with the rest of the lambs being lead to slaughter and pay your money after checking the 'guilty' box on the ticket (but that's no fun, is it?) ...
Just my $.02.