Ticket advice...

[andrew_j]

Okay so I normally really hate threads like this, but my gf got a ticket and has to go to court and she is very nervous. It is her first ticket. She asked me to post and look for some advice/reassurance on how exactly court will proceed and what to expect. Here is her exact thing that she wanted me to post:

"I was driving on 81 toward VT (coming back from a weekend at JMU) and got pulled over in Rockbridge/Lexington for going 88 in a 65 but the cop wrote the ticket for 80 in a 65. This is the first time I have ever been pulled over, let alone gotten a ticket, so I am going to court to try to get the ticket reduced/thrown out. I have some experience in court because I was a mock-lawyer for 4 years on my high school mock trial team. So I know basically how to dress and behave in court. However I need to know what to say and how to present my case and a basic outline of how the court will go as I have never experienced traffic court.

Also any tips on how to get out of this would be greatly appreciated! It was an accident. I was on the phone with Andrew talking about an issue with our chinchilla and was not paying attention. I have learned my lesson and do not speed any more so now I just need to get rid of this ticket and then I won't have to worry about this again! Thank you so much!

PS: I will bake anyone who gives good advice cookies! I go to Tech but am often at JMU visiting Andrew."

Trust me, she has learned her lesson from this. All that is left is the court and driver improvement course. Thanks guys.

[CaptainHenreh]

I think you should bring the chinchilla in question to the courtroom. The judge will see how ADORABLE it is, especially when it has it's dust bath, and will probably just let her off the hook right then and there.

But seriously, 88 in a 65 is reckless in VA as is anything over 80. She's very lucky to not have a reckless ticket. The only possibility here is getting out of points, that fine is going to stick no matter what. She pretty much has it down. Dress nice, be respectful, and ask very nicely to take driver improvement in lieu of points. When her plea is asked, it's "guilty". Explain that her driving record reflects a history of careful driving, and that this was a simple error in judgment that won't happen again.

Don't mention you were on the phone.

[Dave]

I think you should bring the chinchilla in question to the courtroom. The judge will see how ADORABLE it is, especially when it has it's dust bath, and will probably just let her off the hook right then and there.

But seriously, 88 in a 65 is reckless in VA as is anything over 80. She's very lucky to not have a reckless ticket. The only possibility here is getting out of points, that fine is going to stick no matter what. She pretty much has it down. Dress nice, be respectful, and ask very nicely to take driver improvement in lieu of points. When her plea is asked, it's "guilty". Explain that her driving record reflects a history of careful driving, and that this was a simple error in judgment that won't happen again.

Don't mention you were on the phone.

+1
Rex nailed it. If you're guilty, own it; the judge will probably respect you more than if you're trying to find a way out. Point out prior driving history, apologize for not paying attention, and request the class over the points. She'll probably be in front of the judge for less than 5 minutes.


Cruise control is your friend; I don't understand why more people don't use it...

[JustinG]

Agreed with what everyone else said. Lucky the cop knocked it down to 80.

[andrew_j]

I <3 cruise control.



She is quite adorable. Thanks guys, I will link her to what you guys have said.

[CaptainHenreh]

You could also submit this as exhibit b:



"Your Honor, I was driving so fast because I was thinking about these two sleeping otters holding hands!"

I'm telling you, the Cute Defense will be the next Chewbacca Defense...

[WRXtranceformed]

What?? Come on guys, I love you all but that is awful advice for her. Having had several tickets and successfully fought them, here is what she needs to do.

Hire a lawyer.

80 in a 65 might not be reckless driving by law, but insurance companies see anything 15 and over as a semi-serious infraction and will ding her for a long time for it. Tell her to hop on the interwebs and find the best lawyer she can in that particular county, one that has a good working relationships with the judges. You would be surprised at how often tickets get completely thrown out before they even get to the courtroom. Most lawyers for MOST traffic cases (I'm not talking about really serious stuff like DUIs) will probably cost you $150 at most, which you're going to likely pay in fines anyway. And, she probably won't have to waste her time driving back up to Lexington for her court date.

Do NOT just go and plead guilty. I did that in the past when I was younger until I wised up and found a good lawyer. I probably could have avoided literally thousands in jacked up insurance premiums over the years. If it was something minor like a non-moving violation, I would probably just pay the fine and move on...but for anything that affects your insurance rates it is a really good investment to find a good lawyer.

She can mail me the cookies if she wants

[CaptainHenreh]

No Lee, you're just wrong. THIS is the answer.

But seriously, I've never had my insurance go up because of a speeding ticket, and the above is what I did for each and every one. (Except for in maryland, where you can do a PBJ, which is about a zillion times easier.)

[WRXtranceformed]

Lol....

Seriously? You've never had a speeding ticket affect your insurance? Whatever company you're using must not have been checking your driving record, because most do Rex.

They have PJC's here too (Prayer for Judgment Continuance) but I prefer not to have to use that because if you have another infraction within 3 years then both tickets hit you at the same time.

[CaptainHenreh]

*shrugs* I'm just saying. Only time my insurance has ever gone up, is when I got a new car. Driver improvement for Rexy... And I've definitely gotten my share of tickets. None for a looooong time *knock on wood* because I <3 cruise control. (And PWC Cops, who generally have more important shit to do.)

[WRXtranceformed]

Lucky man...

I don't take any chances:



Laser jammer is coming next year.

[andrew_j]

If I ever have a lot of cash burning a hole in my pocket.....

I will suggest the lawyer to her, however her concern is paying $150 and then still having to pay the ticket on top of the insurance that may rise.

As far as I know she is going to take drivers improvement ASAP. She was taking it last week but something came up and I forget now what it was, but her court date is Wednesday.

[WRXtranceformed]

I can see why she's concerned, but either way she's going to have to pay a fine. At worst, even a two-bit lawyer can get that reduced down to a menial offense that will not show up on her record....so if she's worried about her driving record staying pristine and keeping her insurance down a lawyer is not going to hurt that. Good lawyers and judges have a strong working relationship, they probably even golf together in many cases...just trust me on this, a little research and a quick call can save her a lot of time and money.

Honestly, I wouldn't even waste the money or the 8 hours of my time doing a driving course unless the judge provided it as an option to get out of the ticket altogether. Those driving courses are a waste of life.

If you are serious about the radar detector, I strongly recommend the one I pictured above. The 9500ix is in the same price range as the V1 but it's just as sensitive, doesn't have a platform that hasn't been updated in like 10 years, has GPS, red light / speed camera databases, and autolearn features that are lightyears above the V1. It is also more undetectable by RDDs than the V1 if you're going to use it in VA.

[andrew_j]

If you are serious about the radar detector, I strongly recommend the one I pictured above. The 9500ix is in the same price range as the V1 but it's just as sensitive, doesn't have a platform that hasn't been updated in like 10 years, has GPS, red light / speed camera databases, and autolearn features that are lightyears above the V1. It is also more undetectable by RDDs than the V1 if you're going to use it in VA.

I will look into that, I was unaware of the similarities between them. I am serious about getting one, just not right now. I just set cruise at 68 on the highway and bump my subs. I am almost never in a hurry when it comes to driving.

[ViPER1313]

The problem with going to court on this ticket is that the cop will most likely tell the Judge the real speed that your GF was going, and I doubt any judge in the world is going to be lenient about 88 in a 65. If she got caught doing 80 in a 65 and was really going 80, then you might be able to get it reduced in court, but I doubt that the cop or DA will be willing to work with the lawyer considering how excessive the speed was. I'm sure the cop took notes of the stop and wrote down the real speed. If it's not a reckless ticket, I would just pay it in this instance. A good lawyer will cost 300+ dollars and I really doubt that it is going to buy you much.

[WRXtranceformed]

The problem with going to court on this ticket is that the cop will most likely tell the Judge the real speed that your GF was going, and I doubt any judge in the world is going to be lenient about 88 in a 65. If she got caught doing 80 in a 65 and was really going 80, then you might be able to get it reduced in court, but I doubt that the cop or DA will be willing to work with the lawyer considering how excessive the speed was. I'm sure the cop took notes of the stop and wrote down the real speed. If it's not a reckless ticket, I would just pay it in this instance. A good lawyer will cost 300+ dollars and I really doubt that it is going to buy you much.

I'm sorry I have to disagree with you completely, but this is just coming from personal experience. A good lawyer (which like I said, down here is ~$150 for traffic violations, may be more in other areas) won't even let the ticket get to the point of the cop talking to the judge. On traffic court day, the judge has an entire table full of tickets and a lawyer will generally meet with him beforehand, work his magic, and if she has a clean record likely get it thrown out before it hits the courtroom floor. It's not like the lawyer is going to stand in front of the judge and the cop and try to win the courtroom over...the negotiation is done beforehand to save the judge's time.

She can handle it however she wants, but I've probably had more experience than a lot of people here combined with speeding tickets, etc. and that's what I have learned is the most effective way to do deal with traffic issues. It's a little bit of an extreme comparison, but if you break your leg you don't just accept it, let it heal naturally and accept the consequences right? You go to a professional.

[JustinG]

Could have the cop "taken care of", no cop....no ticket....right?

[andrew_j]

Could have the cop "taken care of", no cop....no ticket....right?

That's what I heard, but my friend got a ticket for 70 in a 55 right where it dropped from 65 to 55 He has gone to court 2 times now and the cop hasn't showed either time and they have given him a "continuance."

[HAULN-SS]

I dont have anything to add other than if you don't exactly want to admit guilt outright you can plead "nolo contendre" (no contest) and still get a chance to plead some of your case..I have gotten tickets lowered before going in with arguments about parallax, multiple vehicles in the field and the radar return from that blah blah blah...got a reduction anyway.

[D_Eclipse9916]

Take the driver's course beforehand showing you realize what you did was wrong and are attemtping to show remorse. I Did that and got out of a ticket 83 in a 65. ALSO, taking it beforehand means it WAS NOT court ordered, so you ocan simply list it as volunteer, this will result in actually reducing your insurance, they give big discount for taking that class. (I have em and it helps).