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Old 07-20-2014, 12:05 PM
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Default My kid's first speeding ticket

My son got a speeding ticket at about 7:30 this morning. He was ticketed for 74 in a 65mph zone that was reduced to 55mph for construction. This construction area was only about a mile long (he missed the signs). No one was working in the construction zone, but it was reduced from 2 lanes to one. The restriction was done by orange cones.

He had been following and keeping pace with the same car for quite a few miles. There was very little other traffic at that time. He was pulled over by a County Deputy and the other vehicle was not. The cop was parked at the very end of the work zone.

Clearly he was in the wrong. He's looking at a hefty fine (double in a work zone) and the points will most likely affect his (my) insurance as he is the primary driver for that car on my insurance.

He was driving home from college (about 150 miles from here) when it happened. He spent the week at college working out with some of his teammates (he's a cross country runner).

He plans on going to the court date as he will be back at college then and it is close by. His goal is to minimize the fine and especially the points if possible. He has no real defense and will plead "guilty" when asked, but my question to forum members is; is their anything he can do or say to help his cause?

All of the info on the ticket seems correct. He was clocked by radar. I don't know what signage was in place before the work zone. That speed is uncharacteristically fast for him. He said he just got caught up following the other car.

I'm not looking for free legal advice. Just some tips to help us out. Thanks in advance.
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Old 07-20-2014, 12:17 PM
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He was wrong, he got caught. You can try to get him out of it or you can let this teach him a life lesson.
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Old 07-20-2014, 12:22 PM
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Quote:
Originally Posted by kozmic View Post
My son got a speeding ticket at about 7:30 this morning. He was ticketed for 74 in a 65mph zone that was reduced to 55mph for construction. This construction area was only about a mile long (he missed the signs). No one was working in the construction zone, but it was reduced from 2 lanes to one. The restriction was done by orange cones.

He had been following and keeping pace with the same car for quite a few miles. There was very little other traffic at that time. He was pulled over by a County Deputy and the other vehicle was not. The cop was parked at the very end of the work zone.

Clearly he was in the wrong. He's looking at a hefty fine (double in a work zone) and the points will most likely affect his (my) insurance as he is the primary driver for that car on my insurance.

He was driving home from college (about 150 miles from here) when it happened. He spent the week at college working out with some of his teammates (he's a cross country runner).

He plans on going to the court date as he will be back at college then and it is close by. His goal is to minimize the fine and especially the points if possible. He has no real defense and will plead "guilty" when asked, but my question to forum members is; is their anything he can do or say to help his cause?

All of the info on the ticket seems correct. He was clocked by radar. I don't know what signage was in place before the work zone. That speed is uncharacteristically fast for him. He said he just got caught up following the other car.

I'm not looking for free legal advice. Just some tips to help us out. Thanks in advance.
A lawyer that specializes in traffic stuff FROM THAT AREA and has a good relationship with the court your son is going to can help out immensely. They can usually get the ticket reduced to something else with less points and you will pay a decent fine..

Yes the lawyer will cost but considering the ringer/price increase your insurance company will put you through for 3 years you’re better off getting that lawyer.


Important
get a lawyer as I said that is very familiar with that court and let the old boy network thing happen. Getting the reduced points is the best thing you can do.
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Old 07-20-2014, 12:26 PM
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I got one speeding ticket when I was about his age. Never got another one since.

I always go the limit or under. Yes, I am that 'square' that is always being passed.

It's just not worth speeding--ever. Getting to a destination a few seconds or minutes sooner is just not ever worth the risk--the risk of a ticket, the increased risk of a crash, and the exponential increase in energy that accompanies increased speed in a crash. Increasing the speed of a vehicle from 55mph to 65mph, a simple 10mph increase--actually increases the kinetic energy 40%. Going slow means more time to react, faster stopping, and easier swerving. It also means never ever having to be worried about being pulled over for speeding. It's nice just cruising, and that instant when you realize you've been clocked, and realizing you're golden.

Hopefully he learns a lesson. I did.
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Old 07-20-2014, 12:29 PM
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Out here in utah around construction areas they have signs that warn tickets are double in a construction zone!
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Old 07-20-2014, 12:41 PM
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Default My kid's first speeding ticket

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Originally Posted by NYlakesider View Post
A lawyer that specializes in traffic stuff FROM THAT AREA and has a good relationship with the court your son is going to can help out immensely. They can usually get the ticket reduced to something else with less points and you will pay a decent fine..

Yes the lawyer will cost but considering the ringer/price increase your insurance company will put you through for 3 years you’re better off getting that lawyer.

Important get a lawyer as I said that is very familiar with that court and let the old boy network thing happen. Getting the reduced points is the best thing you can do.
+1 for NYlakesider.

I'm not sure what other possible pleading an attorney would recommend - "Not Guilty" or "Nolo Contendre" IF the latter is an option. I like the "plea bargain" option, if that is available, especially if "community service" is an option from the district attorney or whoever will be the prosecutor.

It may be that the court will accept and consider matters in "extenuation and mitigation". Everyone makes mistakes and I agree that this was one. But some judges or magistrates may opt to avoid having a serious speeding conviction on someone's record by imposing other penalties, especially since this is his first offense.

We have many forum members who are also LEOs. They may present other recommendations.
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Old 07-20-2014, 12:49 PM
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In SoCal it's not so much the basic fine, it's the myriad of other costs, fees and enhancements that are tacked on.
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Old 07-20-2014, 12:52 PM
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When he reports for court, the bailiff will ask how you're going to plea. It never hurts to tell the bailiff that this is your first infraction and you would like to receive court supervision. Sometimes the bailiff will mark on the ticket CS (court supervision) and usually the judge will ok it when you approach the bench when called. It's always no if you don't ask.


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Originally Posted by kozmic View Post
My son got a speeding ticket at about 7:30 this morning. He was ticketed for 74 in a 65mph zone that was reduced to 55mph for construction. This construction area was only about a mile long (he missed the signs). No one was working in the construction zone, but it was reduced from 2 lanes to one. The restriction was done by orange cones.

He had been following and keeping pace with the same car for quite a few miles. There was very little other traffic at that time. He was pulled over by a County Deputy and the other vehicle was not. The cop was parked at the very end of the work zone.

Clearly he was in the wrong. He's looking at a hefty fine (double in a work zone) and the points will most likely affect his (my) insurance as he is the primary driver for that car on my insurance.

He was driving home from college (about 150 miles from here) when it happened. He spent the week at college working out with some of his teammates (he's a cross country runner).

He plans on going to the court date as he will be back at college then and it is close by. His goal is to minimize the fine and especially the points if possible. He has no real defense and will plead "guilty" when asked, but my question to forum members is; is their anything he can do or say to help his cause?

All of the info on the ticket seems correct. He was clocked by radar. I don't know what signage was in place before the work zone. That speed is uncharacteristically fast for him. He said he just got caught up following the other car.

I'm not looking for free legal advice. Just some tips to help us out. Thanks in advance.
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Old 07-20-2014, 01:37 PM
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Originally Posted by kozmic View Post
...will plead "guilty"
NO! Do not plead guilty, ever.

Tell him to plead not guilty, and most likely he will have to talk to an Assistant DA and explain himself and ask for a reduction. He may have to appear a second time if somebody from the DA's office isn't there on his scheduled date.

As a first offense, he may be given a little bit of leniency.
Tell him to remember his "Yes, sir and No, sir" etc. and all of the respect and good manners that I'm sure his mother tought him.
Also make sure he leaves any electronic devices in the car.

It took me a few go-rounds before I learned at that age.

Last edited by Hillbilly77; 07-20-2014 at 01:51 PM.
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Old 07-20-2014, 01:39 PM
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This is harsh, but the best thing you can do for your son's future is let him "Take it like a man", and make HIM pay the fines and increases in car insurance. Taking a real hit in the wallet seem to get the attention of young men! I raised 3 sons. They had lead feet, and the cost they paid caused them to miss dates and other fun outings, however they learned to slow down instead of supporting the judicial economy. Tough love is hardest on the folks! Ivan
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Old 07-20-2014, 01:41 PM
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I don't know if this is possible in your area, but here you can go for deferred prosecution - basically you end up paying an amount equivalent to what the fine would be as "court costs" and go on probation for a year. Successfully complete probation and it's as though it never happened. However, that's only for up to 14 MPH over the limit, and I don't know if the construction zone aspect would rule it out either.

If they do deferred prosecution for DUI where you are you would think they should certainly do it for this lesser violation.
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Old 07-20-2014, 02:15 PM
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When this happened to me when I was in college, my father's words were, "You did, you take care of it." I had to pay all of the fines and increased insurance fees. Needless to say my social life was severely cramped as funds were very short for a few semesters. I learned a life lesson, speeding can be costly. I've never had another ticket in the 50+ years I've been driving since that happened!
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Old 07-20-2014, 02:22 PM
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1. Bring a lawyer.

His presence alone, plus a clean prior record, may get you what we call a "continuance for dismissal" or CWOP (continuance without a plea). There is some cost involved, but keeping his record clean is paramount. The fact of a clean record is often the difference between getting a ticket or "go forth and sin no more" from the officer.

2. Don't be in a hurry to plead. If a deal you like isn't forthcoming, let it go to trial. A lot of good things can happen. The best, of course, is if the cop fails to appear. (Continuing the trial date until deer season is not a bad strategy here.)
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Old 07-20-2014, 02:39 PM
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Welcome aboard. I told my son that I would not help him out if he got in trouble.
My son had an accident and ticket the first year he started driving. Then he got a speeding ticket in a construction zone by a State Trooper about a year later.
He didn't didn't even tell me about the second one as he knew he was on his own.
The funny thing was that he got breaks both times from the judge and from the trooper. He's a very safe driver now so he must have learned his lesson.
All you can do is have him dress nice, act respectful and tell the truth. It usually works out fine. If you want to really piss off the cop and judge, bring a lawyer and turn it into a big deal.

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Old 07-20-2014, 02:39 PM
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The correct way of respectfully addressing a judge or magistrate in court is to refer to him or her as "YOUR HONOR." If you son elects to represent himself and plead guilty, he simply needs to accept responsibility and tell the judge that he wasn't paying close enough attention to his driving. A judge with experience knows when he's listening to someone who is genuine, versus someone who is bull****ting.
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Old 07-20-2014, 02:41 PM
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I've always appeared in court on any traffic citation that I've ever received. I don't bad-mouth the cop, or try to plead ignorance. Just make a contrite apology and assure the court that you'll be more careful. Then wait to see what kind of mood the judge is in. Sometimes you win; sometimes you lose. One thing is certain. If you just mail in the money with a nolo plea, You seal your own fate.
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Old 07-20-2014, 02:51 PM
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Let him tell the judge that he didn't INTEND to speed, it was inadvertent and be contrite. Maybe explain that he was coming home from school and got carried away. This probably wont get much, but it's about all you have. Any reduction would help.

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Old 07-20-2014, 02:53 PM
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Fight it by written declaration.

Call the court, get the documents and send them in.

This double fines and selective enforcement chaps my hide.

I recently fought a 'no left turn' on an unlit street with impossible to see signs - revenue generator.

I made my case by written declaration and won.
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Old 07-20-2014, 03:14 PM
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Practice varies from state to state. First, he needs photos of the signage; it may not meet the standard. If the signs are reasonably visible, he needs to pull his out of his seat cushion and pay attention.

He needs to go to court. He needs to be VERY NICELY dressed, with a fresh haircut etc. A local lawyer familiar with the environment may well be a good investment - and when I was prosecuting, I used to consider the cost of a lawyer as part of the defendant's costs. It's all part of the process and education about it.

In some courts (I assume that this would be town court; mine were at that age) if he is there early, the ADA will be looking for people wanting to come to a plea agreement. The volume is too high to have very many contested hearings.

Every defendant has rights, including the right to contest their charge, seek a negotiated disposition, etc.
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Old 07-20-2014, 03:14 PM
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Can't he take defensive driving and pay a fine and have it not appear on his record?
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Old 07-20-2014, 03:39 PM
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74 in a 55 MPH zone, I would stop him also. Ask the judge if you can go along on a Next of Kin notification and see the reaction of someones careless driving.
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Old 07-20-2014, 03:58 PM
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Let's put it in perspective. It's a ticket, and that all. Worst case he pays a fine and get's points. Insurance will most likely go up for a period of time.
You don't need a lawyer to remind the judge or magistrate that he has a good driving record. Most judges don't want to hammer a driver, they want them to learn from their mistake and usually pay a fine and at times waive the points, or put them on a short probation period and if they don't get another ticket within six months or a year.
Was it worth it when my insurance went up because my kid got a ticket and I didn't make a phone call, ask a favor or get a lawyer? Yes, it was worth the several hundred dollars increase for three years. I made my son pay the increase anyway, but a better lesson learned was that when he did something wrong, he was responsible.
I would never have raised my children to not tell the truth, not admit responsibility and never think that mom and dad would bail them out when they screwed up.
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Old 07-20-2014, 04:09 PM
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It's a no win situation. Got a ticket he was speeding. What is Lawyer going to do?

As mentioned go to traffic school and no points (if that is a option) I think you do it online now, it costs but if you do not want the points.

Happened to me in College, went to traffic school sat up in the top row. met a really nice girl and watched gory movies of traffic wrecks and stuff.
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Old 07-20-2014, 04:24 PM
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When my 3 started driving I paid the insurance until they got a ticket. Carrot in front of donkey worked. I know it is after the fact here, but it may prevent a second ticket. Just sayin it worked for me. None of the 3 got a ticket while Ole Dad was footin the insurance bill. And these kids "knew everything". Including how expensive insurance for a teenager is.
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Old 07-20-2014, 04:46 PM
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If your son choses to contest the citation then:

1. Get an attorney.
2. Dress, act, and speak to reflect the dignity of the court.
3. Request all training records of the police officer.
4. Request all calibration records of the radar device.
5. Request a continuance until the records are provided.
6. Have the defense attorney suggest to the prosecutor that the defendant would be willing to plea to a lesser charge.
7. Request a continuance after the records are provided because the defense needs more time to analyze the records.
8. Repeat No. 6
9. Request a continuance until factory records on warranty work have been provided.
10. Repeat No. 6

Usually by this time the prosecution will be willing to accept a plea just to get rid of the case, or sometimes just drop the charges.
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Old 07-20-2014, 05:05 PM
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Default SUCK IT UP BUTTERCUP.

I'm no Angel by any means, but he was still 9mph (my norm) over, even if it hadn't been in a work zone. Unexpected things can happen in work zones, so they should be respected and expected to be potentially dangerous & have a cop with radar watching them. A driver safety course (voluntarily before court) should remove up to 3 points (depending on the area) and may have some sway with the judge. Congratulate him and let him pay his own insurance & fine. If you still want to keep him under your name (last chance), that's up to you. A part time job while going to school would be another good life lesson & tell him the lessens get more painful/expensive the older you get.

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Old 07-20-2014, 05:18 PM
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I've had a few speeding tickets over the years. Always polite and respectful to the officer. Always pleaded not guilty and had a Majesterial trial/hearing.

In the old days if the officer didn't show-up, you were exonerated. These days they always show, mandatory.

Usually called before the hearing with the officer and Magistrate present to determine the severity and to speed the process. Usually paid a smaller fine and got less points.

That said the last one I got was @ 8 years ago coming home from a Friday sales meeting. On the Turnpike @6 miles from my exit is a straight 2 mile hill. Dived Hwy. not a car for a mile in front or behind me. I decided to see what the MB CLK 430 would do. I let-off after both the dig. & anal. spedo's were @ 137 in a 65. The hill slowed me and the SOLO Passport screamed about the same time I saw the Trooper. I about flat-spotted the tires and had pulled over before he even had a chanch to pull out and chase.

Both hands on the wheel I ask how fast he had clocked me, then reaching for documents. 110. Yes Sir, no Sir, yes Sir. Thats "park it and lose your liscense" here in PA.

Explained that I drove @ 30K miles annually, salesman on the road.

At the hearing Maj. asked the trooper my demeanor. Trooper turns the ticket over and had written "very respectful and remorseful for the incedent.

Knocked down to 75, $300. fine and 2 points.

I just go with the flow now, cept when the 76 Vette gets the urge with no traffic around.

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Old 07-20-2014, 05:43 PM
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I have gotten two speeding tickets. Both of which I sent to a law firm called "The Ticket Clinic". I payed 80 bucks, and then another 40-50 I believe for court fees. I did not have to show up in court. I got no points for either and saved $100 on each ticket. Something he could maybe look into. If there is no one that offers such service in your area he should be able to opt for a driver safety course which will at least get rid of the points, but he will still have to pay the full fine.
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Old 07-20-2014, 06:00 PM
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Tell him to dress in his best clothes, be respectful to the judge when he goes there and to plead guilty. You can hire an attorney, but think about how much paying for the attorney is likely to cost when you figure out what his fine, insurance hike and court fees could be. Be prepared for a stiff surcharge when he goes to court. We have a court here locally, I spent a whole afternoon there with an inmate and 90% of what was on the docket in front of us were speeding tickets. No matter what the defendant did, guilty, not guilty, no matter the speeding ticket or parking fine, there was a $100 court surcharge on top of every one of them, be prepared for that too.
My advice to you and your son was the same that was passed on to me when I was a kid. I was told if I was driving my father's truck and got a ticket or his insurance went up, I would be paying for it. The best thing you can do to help your son is to have him learn this one the hard way. Welcome to life, better to have him learn it early. Those points won't be there forever. I know its hard but have him chip in for the increase in insurance. Life lesson learned.
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Old 07-20-2014, 06:02 PM
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Your best bet is to let him go handle it himself. It will be a good, if not somewhat inconvenient and expensive life lesson. Daddy will get me out of it has ruined many a good kid.

I work in those posted work zones, and I have seen several friends and coworkers killed there because of speeding, drinking, fooling with a cell phone, or just someone generally not paying attention. The fines in a work zone are doubled to discourage unsafe driving, because at the end of the day, we who are working on the road would like to get home to our family just as much as you who are stuck in traffic.
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Old 07-20-2014, 06:10 PM
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Remember that from the second he walks into the Courthouse that everyone there wants his money. A lawyer may let him keep some of it. You decide what he has learned and advise what his steps may be but they are his to make.
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Old 07-20-2014, 06:23 PM
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It may not be worth going if the CC'S are high, as they have him dead to rights. If he does decide to go plead guilty and explain you came to apologize to the court "for my reckless/dangerous behavior , not to try and beat the ticket" and you will NEVER see me before you again. Well dressed/ fresh haircut/ no tats or piercings. A full family presence might show the Judge that the WHOLE family is involved and taking it seriously, and YOU MAY get a sympathetic Judge with a kid in college of his own. Good luck.
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Old 07-20-2014, 06:56 PM
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One of my son's got so many speeding ticket's, he was my wife's pride and joy, she bought him a Chevelle SS for his 16th birthday, if smoke wasn't coming off his back tires, he thought something was wrong with his car.
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Old 07-20-2014, 07:04 PM
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Quote
1. Get an attorney.
2. Dress, act, and speak to reflect the dignity of the court.
3. Request all training records of the police officer.
4. Request all calibration records of the radar device.
5. Request a continuance until the records are provided.
6. Have the defense attorney suggest to the prosecutor that the defendant would be willing to plea to a lesser charge.
7. Request a continuance after the records are provided because the defense needs more time to analyze the records.
8. Repeat No. 6
9. Request a continuance until factory records on warranty work have been provided.
10. Repeat No. 6

Don't listen to this gibberish. It will only piss of the judge. It's a ticket, not a felony charge.
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Old 07-20-2014, 07:08 PM
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When I was old enough to have a drivers license and drive to college, I was was old enough to take responsibilities for my own bad judgement.
If I got a speeding ticket, I took full responsibility for it. My Dad never knew about it because it wasn't his responsibility, it was mine.
Even though he knew only about a third of the wacky antics I got into, it was still enough for him to call me his wild Indian.
Let's just leave it at, I'm not unfamiliar with the experience of being handcuffed in the back of a police cruiser.
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Old 07-20-2014, 07:49 PM
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Having spent many hours working in construction zones, I always though those caught speeding in them should have to spend a few hours standing along side orange barrels as a public indifferent to your health and safety drives by at high speeds. When you enter a construction zone, you have no idea if someone is working,even on days you may not think someone is working, someone might be, and you are risking a life for completely selfish reasons. I hope the judge gives your son the maximum fine sir, because from where I stand, he deserves it.
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Old 07-20-2014, 08:14 PM
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[QUOTE=jag312;138011758]If your son choses to contest the citation then:

1. Get an attorney.
2. Dress, act, and speak to reflect the dignity of the court.
3. Request all training records of the police officer.
4. Request all calibration records of the radar device.
5. Request a continuance until the records are provided.
6. Have the defense attorney suggest to the prosecutor that the defendant would be willing to plea to a lesser charge.
7. Request a continuance after the records are provided because the defense needs more time to analyze the records.
8. Repeat No. 6
9. Request a continuance until factory records on warranty work have been provided.
10. Repeat No. 6

Usually by this time the prosecution will be willing to accept a plea just to get rid of the case, or sometimes just drop the charges.[/QUOTE

Ditto get a lawyer.

My first ticket ever when I was 16 I was drag racing and ran a stop sign. My mom's divorce lawyer got me off. I used or needed him a few times. He said to me what's it know Barney Ofield who was the first winner of the Indy 500. The courts called my lawyer jungle joe.
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Old 07-20-2014, 08:26 PM
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My first was 75 in a 25. Learned that lesson real fast. The cop didn't give me a ticket, instead he called my parents
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Old 07-20-2014, 09:11 PM
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OK here goes.

Nobody wants to hurt the kid. All they want is the money for the ticket.
Most places have a diversion program for 1st offenders. You go on line and take a safe driving course, submit the number to the prosecutor, pay ther requisite toll and that's it.
You can pay a lawyer to call the prosecutor's secretary with your kid's name and be the conduit for this process. It will cost, the atty fee (couple of hundred) but he knows who to call. Or you can have him do it himself. Call the DA's office (or look on the back of the ticket and call the number listed and ask them) and ask for the traffic prosecutor. You will get his/her secretary (who runs the show) and she will tell you what needs to be done-she will check out your driving history and if you qualify for whatever program, she will tell you what to do and more importantly how much money to send in. Do not squawk about the money-just send it in (do not send cash you need to send a money order)and take your lumps (we all gotta eat in the court system don't 'cha know ).

DO NOT waste everyones time by showing up in court and throwing yourself on your sword so to speak hoping to make a good impression-it don't work-all they want is s the money. Showing up in Court for he express purpose to plead guilty just wastes everyones time. Do NOT plead not guilty and hope that the cop doesn't show up because he will and you will be found guilty anyway and have to pay a witness fee and court costs on top of the ticket.
Traffic tickets are how the court funds itself and the quicker they can get your money the better-make it easy on them, tey will make it easy on you.
Caveat-this does NOT apply to DWI's, reckless operations, and the more serious stuff, like no insurance, negligent injuring etc. it only applies to tickets that you can mail in the fine.

Oh and one other thing-do NOT miss any deadlines ad they will turn in the ticket to DMV and your DL will get suspended and you will have to jump through all kinds of hoops to get it back.
Caveat#2 I live and practice in a smaller jurisdiction where everyone knows everyone-it gets incrementaly harder in a HUGE jurisdiction like Houston, but even so, unless you get caught with a bloody shoe imbedded in your car grill, traffic tickets are fairly easy to deal with. The only reason you pay a lawyer is the time factor-I can do it in a fraction of the time it would take you.

Now if you are truly not guilty-be prepared to spend some serious money for a lawyer, after all, an hour is an hour whether defending a capital murder case or a 45 in a 25 case. I only have so many hours in a day and once used, I can never use them again-so be prepared to pay the market rate.
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Old 07-20-2014, 09:56 PM
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Quote:
Originally Posted by moosedog View Post
If you want to really piss off the cop and judge, bring a lawyer and turn it into a big deal.
This is just wrong. First off, why worry about pissing off the cop? He's already done his worst by giving you the ticket. He knows he is going to have to appear on a certain number of his tags. Yours is just one in a long line.

The judge is not going to be pissed. Part of his role is to be sure your rights are protected. Most judges would rather have a case tried by a lawyer than by a pro se defendant. Second, he is a lawyer too. He was likely either a defense lawyer or a prosecutor before he was appointed to the bench; he knows the game very well.
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Old 07-20-2014, 10:10 PM
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Wouldn't a fine for a moving violation be less expensive than a lawyer?
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Old 07-20-2014, 10:18 PM
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Originally Posted by Marshwheeling View Post
This is just wrong. First off, why worry about pissing off the cop? He's already done his worst by giving you the ticket. He knows he is going to have to appear on a certain number of his tags. Yours is just one in a long line.

The judge is not going to be pissed. Part of his role is to be sure your rights are protected. Most judges would rather have a case tried by a lawyer than by a pro se defendant. Second, he is a lawyer too. He was likely either a defense lawyer or a prosecutor before he was appointed to the bench; he knows the game very well.
The Judge ain't gonna be pissed because you hired ( and presumably paid) a lawyer. Cop don't care cause he gets $50 for each case he shows up for. Too many of you people think traffic court is anything more than a collection agency-Justice is down the hall.
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Old 07-20-2014, 10:34 PM
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Quote:
Originally Posted by jag312 View Post
If your son choses to contest the citation then:

1. Get an attorney.
2. Dress, act, and speak to reflect the dignity of the court.
3. Request all training records of the police officer.
4. Request all calibration records of the radar device.
5. Request a continuance until the records are provided.
6. Have the defense attorney suggest to the prosecutor that the defendant would be willing to plea to a lesser charge.
7. Request a continuance after the records are provided because the defense needs more time to analyze the records.
8. Repeat No. 6
9. Request a continuance until factory records on warranty work have been provided.
10. Repeat No. 6

Usually by this time the prosecution will be willing to accept a plea just to get rid of the case, or sometimes just drop the charges.
You can't be serious.....If I was instructed by a client to take this course-I'd tell him to go get another lawyer. First off this kind of client is ALWAYS the most difficult to get paid from and is usually the one who turns you into the bar. Your strategy suggests at a minimum three continuances. Unless the lawyer is doing work for free-you are gonna get awful tired of paying legal fees. People who choose the course suggested by you usually do it without a lawyer because no lawyer will work for them. We call then the alpha hotels and the whole courtroom knows it. They are the ones who on their trial date are taken up dead last (the DA puts the cop on standby so he isn't waiting in court all day like the defendant is). Then if the DA wants to really get back at the guy the DA will ask for a continuance-and he will get it as the defendant has already asked for and gotten his. The guy gets to come back to court again and sit there all day until the last case at which time the DA will either try it or dismiss it since making the guy waste two days in court is enough punishment.
This happens all the time-some smart *** will try to get a court appointed lawyer to represent him on a speeding ticket and insists on a constitutional challenge to the underlying authority promulgating the ordinance
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Old 07-20-2014, 10:41 PM
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Neither the cops nor the courts care about safety. It is all about money. Get a lawyer, even if it is Legal Hut. The judge is a lawyer too, it is a machine fed by a brotherhood.

Feed the machine and it will be happy. Your boy has learned the lessons you've taught him, a court won't teach him anything he hasn't already learned. He sounds squared away already.

Odd that brotherhoods always wear robes.
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Old 07-21-2014, 12:42 AM
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Check wording of law regarding double fines. Here double ONLY APPLIES WHEN WORKERS ARE PRESENT. Many tickets are improper due to absence of workers and get tossed.
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Old 07-21-2014, 06:31 AM
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Many of these responses are disappointing and/or disgusting. What ever happened to personal responsibility?

As a new driver, my daughter was driving my old pick up on a gravel road and , of course, going too fast. She lost control and went through a fence. The farmer saw it happen and went to check on her. She was OK, just scared. She asked him to call the police for her. He told her that he would just use his tractor to pull her out and if she would repair his fence, there was no need to call the police.
Saturday morning at daylight, she got her education on digging post holes and stretching wire. She also got to buy a few fence posts and the wire. After all day Saturday and most of Sunday, she had finished. She's never had a ticket or accident since....and she now knows how to build fence.
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Old 07-21-2014, 06:54 AM
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i would try to go to traffic school like they have in florida they drop the points u pay for school and ticket but insurance doesent go up just like RULE3 said try to get rid of the points so u got to go traffic school for a couple hours no big deal.
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Old 07-21-2014, 07:12 AM
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Mexico is so much simpler. Just pay the fine to the nice officer right at the scene of the "misunderstanding". The amount is even negotiable.
In TX, online defensive driving course, mail in the fine, no points for first offense speeding. ( I don't have personal experience in either of these, since I never make mitstakes)
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Old 07-21-2014, 07:53 AM
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So, can you get double fines in a construction zone when no one is working, or only if constructions workers are present and working?
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Old 07-21-2014, 08:19 AM
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Get a lawyer and get pictures from the area,same time of day, same day.
I did with a local that as far as I was concerned got the wrong vehicle because I knew this area was a known set up and I always made sure I was under the speed limit. I won the case but had many photographs to prove it. At one point the judge had to remind my attorney and myself that this was not a murder trial but a speeding violation. I had witnesses as well as a time study expert.
And to be very honest here,,,,, I wasn't speeding!

While I totally respect work zones I think in some areas they abuse them and will charge you whether workers are present or not.
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