rplace Posted July 24, 2018 Share Posted July 24, 2018 Call in all lawyers @DizRotus @dwilawyer @Jeff Matthews and any judges/cops. I probably should have sought advice from counsel prior to the day of...but I am a procrastinator. It was early in the morning, I was not in a hurry at all. In fact after sitting on the side of the road getting the ticket for 15-20 minutes I still made my doctor's appointment on time. I was driving my wife's car so not as aware as I am in my own. I was going down a large hill towards a river the cop was going down the opposite hill towards the same river. I know I had my foot off the gas/brake and was coasting. I'm sure I was speeding, not trying to pretend I was not. I looked down at the speedo as soon as I saw the cop and it said 60. I thought the speed was either 50 or 55 so figured I was most likely safe. We passed each other head on and I looked in the rear view, he turned around to get me. I remember thinking to myself he is just going to check my tags because there was nobody else on the road and he was probably bored. I've had plenty of tickets and you know when your are guilty/caught. I truly thought I'm good, really I did. I was not in a hurry I was not tailgating anyone and trying to pass in a rush. In my heart of hearts I thought no big deal. We exchange the typical pleasantries and he tells me I was going 70. No way, I just can't believe that. He comes back with the ticket and not once but twice says I strongly suggest you go to court for this. You have an excellent driving record (all my tickets were in my 20s-30s). I ask if he can just give me a warning and he says no because it was 20 over. I say can you please knock it down a few MPH he says no and again suggest I go to court. So I'm off to court today. What is my best tact with the judge? Say exactly what happened above or just say I am guilty and ask for some leniency from the court. I don't really care about the money. But would like to avoid the 2 points on my license. Quote Link to comment Share on other sites More sharing options...
MEH Synergy Posted July 24, 2018 Share Posted July 24, 2018 Use a service such as "fight my ticket". I have used such services multiple times 😏with success each and every time. They go to court on your behalf (attorney) and aim to get your case dismissed entirely with no points. They charge a small fee that would be less than the cost of your ticket. Quote Link to comment Share on other sites More sharing options...
jimjimbo Posted July 24, 2018 Share Posted July 24, 2018 Not sure if this still holds true, but I seem to remember that if the officer doesn't show up in court, then your case is dismissed? May depend on state and local laws of course, but maybe he was giving you a hint? 1 Quote Link to comment Share on other sites More sharing options...
rplace Posted July 24, 2018 Author Share Posted July 24, 2018 2 minutes ago, jimjimbo said: Not sure if this still holds true, but I seem to remember that if the officer doesn't show up in court, then your case is dismissed? May depend on state and local laws of course, but maybe he was giving you a hint? Yea fingers crossed for that. I know that applies in Maryland. Hopefully he is enjoying a summer vacation with his kids far away from here, or out catching real bad guys. 1 Quote Link to comment Share on other sites More sharing options...
TasDom Posted July 24, 2018 Share Posted July 24, 2018 Tell him you were racing to save a friend's life because he never became a banker. 😎 (Seinfeld reference) Seriously tho, I'd describe just as you did above and ask for it to be dismissed or at least deferred based on your excellent driving record.The judge may want you to take a driving class which is well worth getting it dismissed. Quote Link to comment Share on other sites More sharing options...
JJkizak Posted July 24, 2018 Share Posted July 24, 2018 Was he a local or a stateey cop? JJK Quote Link to comment Share on other sites More sharing options...
rplace Posted July 24, 2018 Author Share Posted July 24, 2018 2 minutes ago, JJkizak said: Was he a local or a stateey cop? JJK Local county Sheriff I've lived in the same area for almost 20 years, well established in the community 1 Quote Link to comment Share on other sites More sharing options...
Shiva Posted July 24, 2018 Share Posted July 24, 2018 If he doesn't show, the case will be dismissed. If he does show, one option that is usually available is to plead guilty and ask for traffic school, which these days I hear, one can do from home. Quote Link to comment Share on other sites More sharing options...
Schu Posted July 24, 2018 Share Posted July 24, 2018 The only chance you have is to attack the service and calibration record of the radar unit he used. You may have to petition for the model number and service records. Quote Link to comment Share on other sites More sharing options...
CECAA850 Posted July 24, 2018 Share Posted July 24, 2018 You can ask for a deferred judgment if you have a good record. You still have to pay court costs but if you don't get a ticket in the probationary period nothing will go on your record. 1 1 Quote Link to comment Share on other sites More sharing options...
rplace Posted July 24, 2018 Author Share Posted July 24, 2018 1 minute ago, CECAA850 said: You can ask for a deferred judgment if you have a good record. You still have to pay court costs but if you don't get a ticket in the probationary period nothing will go on your record. Any idea if that is the same/similar as probation before judgement? I think the cop mentioned something about that when he suggested I go to court. Quote Link to comment Share on other sites More sharing options...
Schu Posted July 24, 2018 Share Posted July 24, 2018 State by state I am sure, but here in Nevada the courts can reduce simple traffic tickets to parking violations... you still need to pay all fees and fines, but it won't affect your driving record. Quote Link to comment Share on other sites More sharing options...
Mallette Posted July 24, 2018 Share Posted July 24, 2018 I am not a lawyer and never played one on TV...but, "probation before judgment" and "deferred adjudication" are the same thing in my opinion. I've rec'd deferred adjudication twice in my lifetime, both in speed traps and my "offense" as questionable as yours. It's often a way that local, speed trap paid, police can get out of a sticky situation and still get a little something for their troubles. It does not go on your record, and it can be a bit painful to have to pay for something you know you didn't do...but it's expedient unless you have the time and money to really fight the cops uncle, who may well be the JP who will "handle" your case. Dave 1 1 Quote Link to comment Share on other sites More sharing options...
Schu Posted July 24, 2018 Share Posted July 24, 2018 Btw... Speed trap isn't an area where police await speeders in hiding... that's still speeding. A speed trap is a area of measured distance where speed can be accurately determined by recording the time it takes to travel thru that area... it's very accurate. Quote Link to comment Share on other sites More sharing options...
Mallette Posted July 24, 2018 Share Posted July 24, 2018 Disagree, Schu. Last one was at the city limits of Tenaha, Texas. Rural edge of town and 70 mile speed limit sign in clear view. I was accelerating towards it around a curve and the local police were sitting on the opposite side facing OUTBOUND, not inbound as one would presume if they were trying to catch those speeding into their city. A perfect speed trap setup. As I passed I checked my speedometer and was at a bit less than 65. Continued to accelerate as I "presumed" no cop doing the right thing would care. Certainly DPS would not have. Looked up and he was pulling me over. Very sharply dressed and professional, and when he said I was doing 72 I knew I was being screwed. Stopped at PD on the way back through, gorgeous little building in a depressed little town. The judge was a young lady equally professional who I explained the above to, and she offered only deferred adjudication. I am not stupid...I took it. I could tell this would not go well in court even though it was clear from the ticket no radar was used so the charge was an estimate by a 20 something year old cop charged with paying the bills on the fancy police station. I learned something that day. I was pulled over and warned by a DPS trooper as a young man. I had said something about a speed limit sign ahead that was lower than the speed I was traveling, but not in force yet as I had not passed it. He told me "Son, if you can read it, it is in force." One of these guys was wrong. I found that Tenaha scam listed on 7 different speed trap sites after a bit of research. I now bypass Tenaha, along with its gas stations and restaurants. Dave 1 Quote Link to comment Share on other sites More sharing options...
MEH Synergy Posted July 24, 2018 Share Posted July 24, 2018 Like I said, avoid ALL OF THAT, don't go to court, don't do anything and let a professional handle it for you. Problem solved. This has to be available in more states that CA. Yelp is your friend on this one. Good luck man. I have been screwed before on a highly inflated speeding ticket. Throw out, no points, no fees, no appearances on my behalf. Best $250 I have spent. I was going just under 90 and was "paced at well over 100". Quote Link to comment Share on other sites More sharing options...
rplace Posted July 24, 2018 Author Share Posted July 24, 2018 ^^^Not going to help me the day of. Kind of why I am looking for advice when *I* go TODAY. The comprehension is almost as important as the reading I will however file that away for the future, thanks! Quote Link to comment Share on other sites More sharing options...
CECAA850 Posted July 24, 2018 Share Posted July 24, 2018 44 minutes ago, rplace said: Any idea if that is the same/similar as probation before judgement? Yes. 1 Quote Link to comment Share on other sites More sharing options...
MEH Synergy Posted July 24, 2018 Share Posted July 24, 2018 Oh, disregard. Sorry for my illiteracy. Hopefully that will help someone. Got that advice from a friend, some of the best he has ever given me haha 1 Quote Link to comment Share on other sites More sharing options...
Shiva Posted July 24, 2018 Share Posted July 24, 2018 A point of interest is what's the motivation of the cop pushing for court? is he doing his do diligence giving you a ticket, but then plans not to show up at court, so in the end, you'll have a pass. Or, is he doing it, because he does plan to show, gets easy duty off the street and gets to chat with that cute court reporter, he's been trying to hook up with. Its a mystery. Quote Link to comment Share on other sites More sharing options...
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