Speeding Ticket - Help !!

MrElussive · Aug 5, 2003

Hey,

This past winter, I got a speeding ticket in New Jersey (where I live) going 69mph in a 35mph zone. My plan is to go to court, but my lawyer keeps pushing the court date back. Finally, I am going to court to settle this speeding ticket once and for all on Thursday night, August 7th. My lawyer will be there to represent me, and I do not want any points on my license. I was thinking maybe I could plead for wreckless driving for no points instead, or something like that? Is there some kind of loop-hole I could try for, maybe? I would just hate to have that speeding ticket on ym license. Everybody in NJ knows that if you get points on your license, your insurance goes through the roof. Serious advice, only please...

Thanks!

ooo000HITMAN000ooo · Aug 5, 2003

MrElussive said:

Hey,

This past winter, I got a speeding ticket in New Jersey (where I live) going 69mph in a 35mph zone. My plan is to go to court, but my lawyer keeps pushing the court date back. Finally, I am going to court to settle this speeding ticket once and for all on Thursday night, August 7th. My lawyer will be there to represent me, and I do not want any points on my license. I was thinking maybe I could plead for wreckless driving for no points instead, or something like that? Is there some kind of loop-hole I could try for, maybe? I would just hate to have that speeding ticket on ym license. Everybody in NJ knows that if you get points on your license, your insurance goes through the roof. Serious advice, only please...

Thanks! [/QUOTE

Why the [Censored][Censored][Censored][Censored] did you do 69 in a 35????????? [mad]

Big Daddy · Aug 6, 2003

The "Cop" car moving does not make the reading wrong. There is "coming and going", moving radar out there and has been for years! Further nothing makes a ticket invalid until a judge says it is invalid. What I am saying is do not put all your eggs in one basket. If your truly guilty, ask for a driving school, or operation of a motor vehicle contrary to law. In most states this is a non-point violation and requires only the payment of a fine. And in the future be more mindful of your speed! Good luck.

Bear6360 · Aug 6, 2003

Ask Brahtw8. He's a lawyer himself.

Kirby · Aug 6, 2003

You are doing the right thing by going to court. If you just pay it, you admit guilt by default. I have two thoughts based on strories I have heard, not personal experience:

1. Most judges will be hard asses and not give up much of anything. But kiss ass, act embarassed, maybe he will shave a few mph off. DON'T act like an indignant asshole.

2. By going to court, your best hope is that the cop will not show up. In Pennsylvania if the cop does not show up as the prosecuting witness, the case must be thrown out. This has happened to 2 of my friends and I have heard this story MANY times.

Is that the reason your attorney is delaying - to mess with the cop's schedule?

brahtw8 · Aug 6, 2003

Again, somehow I feel compelled to answer this question, Bear6360 . . .

Not legal advice, no atty-client relationship intended or implied, yadda yadda . . . [confused]

Going to court is the right choice. You should have the opportunity to have a pre-trial conference or similar meeting with the prosecuting attorney, who may be an Assistant District Attorney if you are in the "County Court" (Circuit Court in WI) or an attorney for the particular municipality (town, city, village, etc.).

Since you have a night appointment, I am guessing you are going to a municipal court. I don't know if you have a trial scheduled or a different appearance, such as a pre-trial conference.

If you go to trial, you will likely be convicted (assuming the cop shows up, and the court doesn't adjourn the case if the cop is absent). They should be able to prove you were driving in their jurisdiction, so the only elements likely in question would be what the speed limit was and how fast you were going. The speed limit appears to be a non-issue. If the cop gets up on the stand, says how he calibrated his radar unit that morning, got an unobstructed view of your car, the radar locked at 69, he checked the radar afterwards (or whatever your state requires for maintenance and certification of radar units), you are likely dead in the water. Also, anything you said to the cop when you got pulled over is likely on the back of the ticket or in a separate typed report, so that may also be used against you. If you are convicted after a trial, you will likely receive the points/fine shown on the ticket.

Your best option is a plea to a reduced charge, which is what you are looking for.

Most of the time the prosecutor will give a reduction in the points/fine as a matter of course. You would be looking at a six-point ticket in Wisconsin. I would probably plead that to a 2 point defective speedometer and increase the fine. I don't know if I could give a 0 pointer. In WI, (and likely in your situation) the prosecutor can only make the offer. The Judge still has to accept the plea. I make my offers in line with my understanding of what the judge will accept, but sometimes they are rejected.

In your locale there are a number of possibilities. The municipality may offer traffic school, community service, etc. Don't be afraid to ask about these options. Most of the time the goal is to collect revenue, so an increase in the fine may provide incentive for them to lower the points. The points are typically connected to the violation, so I doubt they can make a reckless driving a zero pointer. Instead, they can amend the charge to something with less or no points attached to it.

In my experience, having a lawyer does not really help you get a better deal from the prosecutor (in Municipal court, circuit court is another story), but certainly increases your chances of success at trial.

Points are never good for insurance purposes, but less points are better than more points. I had my insurance skyrocket for an undeserved six pointer some years back. If it had been a 2-4, the red flag probably would not have been raised, along with my rates. You could still see your rates go up with a 2 pointer, but the chances are less.

Good luck, and remember to be polite. Nobody is going to give a break to a jerk.

[wave]

Trev · Aug 6, 2003

MrElussive said:

Here's what happened when some teenage child went 60ish through our 35mph zone. Broken pelvis, broken leg, lost eye. Lots of pain. And she didn't deserve any of it.

Looking for sympathy? Look somewhere else! I hope you never get behind a wheel again, ever.

MrElussive · Aug 6, 2003

For those of you who gave me advice (particularly brahtw8), I appreciate it very much, it really helped me out and allowed me to consider all of my options. When I was pulled over, I did not admit what I did wrong or anything like that. I was quiet and curteous to the officer and did everything I knew how to do in situations like these. This 35mph zone is 4 lanes (2 lanes on each side) and turns into a 40mph zone up ahead. Often, during rush hour, traffic moves at an average of 60mph. In my case, it was late at night and I was pretty much the only car on the road...I was not in a hurry or anything like this, it was just wide open 4-lane road and I had to just "go" just once...I'm sure you guys have gotten that urge before. Anyways, my ticket is worth 5 points and my lawyer said he will probably only be able to reduce the ticket by a few points. But overall, I am hoping that the cop doesn't show up or something so that the ticket gets dismissed...that would be the greatest deal ever.

PuShAkOv · Aug 6, 2003

MrElussive said:

Hey,

This past winter, I got a speeding ticket in New Jersey (where I live) going 69mph in a 35mph zone. My plan is to go to court, but my lawyer keeps pushing the court date back. Finally, I am going to court to settle this speeding ticket once and for all on Thursday night, August 7th. My lawyer will be there to represent me, and I do not want any points on my license. I was thinking maybe I could plead for wreckless driving for no points instead, or something like that? Is there some kind of loop-hole I could try for, maybe? I would just hate to have that speeding ticket on ym license. Everybody in NJ knows that if you get points on your license, your insurance goes through the roof. Serious advice, only please...

Thanks!

DIE DIE DIE!! Don't You Ever Speed & Put Innocent Lives At Danger!!!!!

MrElussive · Aug 6, 2003

Trev, I hope that one day I am driving in Williamson, NY in your neighborhood and I am going 243085728mph on your street and I murder everyone who lives in your neighborhood. And then when I have killed everyone, I get a nice juicy speeding ticket.

skandalous · Aug 6, 2003

Re: Re: Speeding Ticket - Help !!

Trev said:

No offense, I feel for the cat, but that pic is priceless. I've never seen a cat with a cast on before. I love cats, so I know how you feel about it getting hurt.

Trev · Aug 6, 2003

Re: Re: Re: Speeding Ticket - Help !!

skandalous said:

Yeah, it's heart-wrenching when it happens. The poor little things give so much love, and all they ask for is a bit of food, a bit of warmth, and a bit of cuddling. The hard part is that most of the time they don't make it home.. they drag themselves as far as they can and then collapse in a ditch or something. This one got lucky, if you can call it that, and a neighbor saw it happen. We got her to the vet fast, and the vet reassured us that she's not in any real pain right now.. it will just take a few weeks for bones to knit, and so on.

A big dilemma for us is whether to let our cats run like they used to, or to keep them inside from now on. Tough decision for cat lovers.

Thanks for the note, Skan...

Bob

brahtw8 · Aug 6, 2003

While I don't condone speeding in residential neighborhoods (and officially don't condone it anywhere else), and I certainly understand and sympathize with those who have been injured or whose loved ones have been injured by speeders, I don't know how constructive it is to yell at people on the internet.

Speeding is no-harm, no-foul. Many (All?) people do it, with little or no harm caused. However, it has the potential to cause a great deal of harm, with often little more than random chance being the difference between an uneventful day and a tragic one. In that sense it can be considered negligent or even reckless.

I drive above the speed limit on occasion. When I do, I try not to endanger anyone else. If I want to kill myself, fine, that is my moral (albeit not legal) right.

It is often about context. A deserted stretch of highway is a far more appropriate place to speed than a residential street. Another important point is that the disparity in speed is far more dangerous than a particular speed in and of itself. Accidents occur on the Autobahn more often as a result of a slow car encountering a very fast one than as a result of any inherent danger in traveling at high speed (of which there are some that warrant attention).

This is another reason why driving schools are great. (I just can't resist). You get to drive very fast under controlled conditions, which reduces the desire to do so on public streets.

Stay safe out there, folks. [cheers]

codex57 · Aug 6, 2003

just curious brahtw8, what kinda lawyer are you? Parts of your post make it sound like you're a DA of some kind? I worked as a DA for a about a year in traffic court and what you said in your first post is pretty much how I would have done it.

Trev · Aug 6, 2003

MrElussive said:

Okay, I guess I had that coming. I came on too strong. Sorry. My only excuse is that we've had a number of our kitties injured lately, and I'm pretty bent out of shape about it. Also, kids speed past our house routinely.. and there is absolutely nothing we can do except deny our cats their freedom to run and play and chase mice.

My apologies for taking this out on you. Yes, I've been guilty of speeding on occassion also. I had no right to judge you.

Peace my friend ... and if you do come by our way, stop for a beer instead of killing everyone.. sound good? [8)]

Bob

MrElussive · Aug 6, 2003

Yeah, well, last time I checked, there are no race tracks in New Jersey...only toxic waste. [V]

brahtw8 · Aug 6, 2003

codex57 said:

I practice civil litigation with a firm, with an emphasis on municipal and civil rights defense. I also do some products liability and commercial defense work.

As part of my municipal practice, I do prosecution for a local Milwaukee-area municipality. If you get a ticket in my jurisdiction, you may well be dealing with me. Some of those cases, usuall OWI, end up in circuit court eventually, so I do some prosecution there as well.

I spent a summer as an ADA while in law school. It is amazing how much power the prosecutor has. I can usually do more for a defendant as the prosecutor than I could as the defense attorney.

crupdawg · Aug 6, 2003

)

MrElussive said:

actually, your wrong there buddy. in englishtown, nj, theres a track and i BELIEVE (dont quote me on this) you can take your car there and they'll do times for you and everything like that. my ex girlfriends friedns used to take their civics and eclipses there but got laughed at by drivers of real cars. stupid bastards. anyway, if your ever inclined to try out your new g35 (if it ever comes, [;)]

) to a track, then that place is def worth checking out. especially if you do some performance upgrades from that Z site i told you about [thumb]

MrElussive · Aug 6, 2003

crupdawg, let's f*cking go dude. I wanna take my car on a full race track, not some stupid drag strip. I checked out the site you linked me to, but I have ultimately decided on the Injen Cold Air Intake and the Borla Exhaust system.

crupdawg · Aug 6, 2003

ill tell you what, next summer when i get my new car ill take you on....my 11 year old naturally aspirated is no where near track worthy [:D]

Speeding Ticket - Help !!

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