View Full Version : Speeding ticket, If you were me how would you present your case?
MonmouthCtyAntz
10-10-2007, 05:50 AM
First off i think the judge will drop the 2 points but opinions and advice always help. Ok im 30 and this is the 1st ticket ive got since 17 when i made an illegal turn in red bank so Im gonna go w/ the "im a safe driver" plea. My GF got speeding ticket a few mths back in sth. amboy leaving the pkwy on the bridge and they threw her points out because she also had a clean license and showed up to the court date. Someone on LS1tech suggested pleading guilty to unsafe driving which carries no points. Dont need these for a few reason, one ofcourse I dont need the insurance increase, and two I have a class A CDL and even though I currently dont utilize it if I had to the clean license would help aquiring a job. Thx Guys...Frrraunkus!
jims69camaro
10-10-2007, 09:20 AM
yeah, you can always talk with the prosecutor beforehand and ask him if he would accept the change from speeding to unsafe driving. that'll get you out of court the quickest. unfortunately, it also relieves you of more of your cash, too. unsafe driving is usually more expensive than the fine + points that a speeding ticket carries; it's the trade-off for not getting the points.
if you are really serious about getting the ticket dismissed, i would talk to a lawyer that is familiar with that municipal court. A) if he's familiar with the court, he knows the judge and prosecutor, and B) he might be able to get the whole thing dismissed if the cop doesn't show up. of course, he'll have to fax the court of his representation of you, at which time he'll let them know that you plan to plead not guilty. since the cops have court days that they are specifically assigned every month, and it's the date that appears on the ticket, there is no reason for him not to appear - which is the loophole that the lawyer jumps through to get your ticket dismissed. this is why it's so important to get a lawyer who knows the court. he will also know if this has a chance in hell of succeeding. my personal experience with this was a charge of resisting arrest, and the lawyer i used was a prosecutor for the municipality several years ago and he knows both the judge, prosecutor and many of the defense lawyers that showed up for other defendants. it took all of 3 minutes from the time we walked in to the time we walked out. he walked right up to the prosecutor, said something i couldn't hear, the prosecutor then asked very loudly if there was anyone there from the sheriff's office. when there was no reply, he nodded to my attorney, who turned around and escorted me from the court. bada-bing, charge dismissed. he only charged me $500, which i hear is the going rate for a court appearance by a lawyer. much better than the $1,000 fine i would have paid plus court costs if i had been found guilty.
if i were you, and i was trying to protect my class A, i would get a lawyer and let him battle it out. he will have a greater chance of success than if you walk into court alone.
MonmouthCtyAntz
10-10-2007, 10:28 AM
I have a pretty secure job right now as far as that goes...I think the prosecuter will take into consideration that this is the first moving violation Ive had in 13 years and accept to drop the points, and if he doesnt then Ill plea to the judge the same point, hopefully one of them see's it my way lol...I honestly cant understand why one or the other wouldnt. Unfortunately Ive been in and out of court for one reason or another in the past few years because of a bad relationship and divorce. They seem like there not out to hurt the good guy. To be honest Im surprised the cop gave me the ticket in the 1st place. The last thing I wanna do is get a lawyer involved, I rather take the points. Good advice though, thx.
79T/A
10-10-2007, 07:56 PM
As Jim said, the mostly likely outcome of talking with the prosecutor would be a downgrade to unsafe driving. As Jim said, this will cost a lot of cash that needs to be paid the same day. It's a hair under $500, but compare that to the $3000 increase to your insurance over three years and it seems like a lot less. It's better to have no points.
I'm not advising you; I'm not a lawyer but I've been in municipal court enough times to have seen this happen. Jim brought up a good point: A lawyer is always a good idea if you're looking to protect your livelihood. It may end up costing more money to hire a lawyer who tells you to go for unsafe driving. Choose the lawyer carefully.
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