Going to Court

[cdacda13]

I received a speeding ticket about a month ago (63 in a 40, highway) and tomorrow is my court date and I have some quick questions for those have you who have been through this process.
As long as I show up, will I be offered a plea deal?
I heard things of unsafe driving, 0 points plus a heavy fine, is that true?
If it was instead knocked down to two points instead of four, will my insurance go up exponentially?
Any other tips on how to deal with a prosecutor?
Thanks guys

[79T/A]

Any moving violation with points attached will get you higher insurance premiums (Depending on your carrier). First and most important: How is your driving record? If you don't have any other movers in your record, and you've never been given this benefit before, you can benefit from the "Unsafe operation of a motor vehicle" option. Basically, it's a sub-section of careless driving.

If you plead guilty to unsafe operation, bring a big chunk of change with you. It will cost you a hair under $500. Most courts expect to receive their money on the day of the plea, though.

I'm not going to advise you one way or the other to consult the prosecutor (Not an attorney), but if you do speak with him/her, just be polite and mention the statute. Most courts do offer this plea.

[cdacda13]

Thanks
Should have mentioned the driving record. This is my first moving violation, second ticket. First was for not wearing my seatbelt.
Due to my age, 18, I was worried about getting a hard time from the prosecutor and the judge.

[sweetbmxrider]

they will probably go easier on you, no guarantee though. get there early, like an hour. look good/clean/respectable. ask nicely since it is your 1st moving violation, for the unsafe operation. insurance should not reflect that. there are driving courses you can sit in to get points dropped too, but your insurance company still reflects them for i believe 3 years.

[NumberTwo]

Every time I have gone to court to "Fight" a ticket it has always worked the same. You go in the courtroom and wait for a roll call. The Judge will explain how it works before the roll call. He/She will call your name. You STAND up and say "Here" or Present". The Judge will then ask guilty or not guilty or guilty with an explanation. You answer NOT GUILTY, then have a seat.

Once roll call is over, the Judge will then tell you (And others that answered not guilty) that if you wish to speak to the Prosecutor you may then do so (There will generally be a line right outside of the actual courtroom).

You speak to the Prosecutor and ask if there is a lesser plea for your ticket. Like mentioned, it will more than likely be an Inattentive Driving, or Unsafe Operation ticket. The points will be dropped but the fines will be doubled. Then theres an associated court or state (Cant remember) fine of 250.00. Like 79 said, it will be right around 500.00 and they will want it right then and there. Being your ticket is a 4 pointer, they may not offer the 0 pointer but should atleast drop it to a 2 pointer. You then go back infront of the Judge, plea guilty to the agreed upon fine (Unsafe/Inattentive or the 2 pointer) and the Judge will tell you to go to the Court Clerk and pay.

Dress NICELY!!!! Doesnt have to be a suit but a nice button down/sweather and dockers or dress pants work. Go clean shaven, or neatly trimmed and DO NOT WEAR A HAT!!!!. Yes your Honor, no your Honor and a nice spoken tone goes a long way with Judges.

[madness410]

Being your ticket is a 4 pointer, they may not offer the 0 pointer but should atleast drop it to a 2 pointer.

are you sure about that? im in some deep trouble myself with a 5 point ticket and everyone tells me if i plea to unsafe operation then it would be 0...im not sure if theyll offer it is all im worried about.

[Tru2Chevy]

are you sure about that? im in some deep trouble myself with a 5 point ticket and everyone tells me if i plea to unsafe operation then it would be 0...im not sure if theyll offer it is all im worried about.

Yes, but that is only if they let you plead to unsafe - they may not, and offer you something else that carries less than 5 points, but more than none.....

- Justin

[cdacda13]

Dress NICELY!!!! Doesnt have to be a suit but a nice button down/sweather and dockers or dress pants work. Go clean shaven, or neatly trimmed and DO NOT WEAR A HAT!!!!. Yes your Honor, no your Honor and a nice spoken tone goes a long way with Judges.
Already got the suit picked out, hair was just cut, and face is going to have the fuss removed.

Thanks for the help guys

[jims69camaro]

you should have contacted the court prior to the court date to let them know that you plan to plead "not guilty", but that is an exception rather than the rule these days.

always show respect (not fear, no trembling and no tears) and dress nicely. a suit might be over the top if it's a small municipal court, but it couldn't hurt. i am sure the judges are tired (as are all of us) of the typical municipal court defendent with a hat on backwards and constantly pulling his pants up because they don't fit. speak when spoken to, in a polite, even tone - the proceedings are recorded in most places now, so it's important that you be heard above the normal courtroom chatter.

as far as speaking with the prosecutor, it used to be the exception to the rule - mostly the prosecutor spoke only with attorneys about cases. now it's a mob scene, so most courts have taken control of it and made it more orderly. you might have to request to speak with the prosecutor or it might be mandatory (like it was for my ghost parking ticket in perth amboy). spending two hours in line killed me.

as far as the charge, do not go in there like a philadelphia lawyer (manner of speaking only - no offense to actual lawyers who practice in philadelphia) demanding and ordering. A) you will get laughed at and B) you will lose any chance you had at a reduction. most cops know that the courts are dealing and that almost no one pays for the charge written, so the cops have stopped giving people breaks on the tickets. it sucks, but that's the way it has evolved. instead of getting a curbside break, you get a courtside break. either way, be prepared to pay, as the court can hold you in contempt (not very likely, but i have seen it happen) and lock you up if you can't pay and don't satisfy their requirments for time payments. if, after all of this, you have survived, consider yourself lucky. i have been the last one to leave the courthouse on many occasion, even saying "good night" to the judge as he walked out.

[edpontiac91]

For such a small ACTIVE group of people, you guys get a ****LOAD of speeding tickets. Does anybody learn from all the past threads, or are you just trying to see if you can beat the SYSTEM? :willy:

[sweetbmxrider]

you should have contacted the court prior to the court date to let them know that you plan to plead "not guilty", but that is an exception rather than the rule these days.

yeah um... u need to call the court. that's how they put you on the court calender. most likely you will receive a new court date from the one on the ticket as well. if you don't call, hello bench warrant.

[79T/A]

Dress NICELY!!!! Doesnt have to be a suit but a nice button down/sweather and dockers or dress pants work. Go clean shaven, or neatly trimmed and DO NOT WEAR A HAT!!!!. Yes your Honor, no your Honor and a nice spoken tone goes a long way with Judges.


AGREED! Judge in our town doesn't like what he calls "the hip-hop look." He sends people out of the courtroom (After dressing them down [no pun intended] in front of the whole courtroom) to tuck in their shirts and pull up their baggy pants. Sounds like you're ahead of the game with a suit. Nice job!

Everything said here has been right on the money. Go in looking and acting right and you'll have a far better chance of walking out with significantly less problems.

[shane27]

if u have 2 points on your license insurance companies will NOT raise your rates...just keep that in mind

[79CamaroDiva]

All depends on your insurance if it will go up for a speeding ticket. I was going to fight a small 2 point ticket, but when I called my insurance to find out how much it would go up, they said my rate will stay the same no matter how many points I get. I just paid the ticket instead of having to pay $500 to get it dropped. It might be better if you call up insurance to ask, if its even gonna go up $100/year, thats better than paying $500 to the municipality.

[deadtrend1]

For such a small ACTIVE group of people, you guys get a ****LOAD of speeding tickets. Does anybody learn from all the past threads, or are you just trying to see if you can beat the SYSTEM? :willy:


Yea, I learned years ago. But sometimes crap happens. Anyone of my friends will tell you how much of a panzy I am when I drive.

I am going to court may 5th for my ticket I got a few weeks ago.

Second time in court. First time was back in 2001 or 2002. Can't remember.

Just wasn't paying attention on my way home in 6th gear, light pressure on the pedal. But a 50mph that I was doing around 10 over turned into a 45 around a corner (apparently yellow speed signs are legit) and I got nailed. Cop seen my PBA card, and like always I was respectful. He cut me a break and gave me careless driving.

Unfortunetly I was in the fanzy attention getter that has "Pull Me Over" on it. I wouldn't care so much but I'm not sure how points will affect my CDL so thats why I don't want them.

[cdacda13]

Thanks for the help guys, it helped me out.
I was at first offered to plead it down to two points (no good due to insurance would have gone up because I'm 18 )
After waiting through the first round of plea deals and a recess, I was offered unsafe driving. Took that deal and have to pay $439 to the courts.
Total time in court: Little over 3 hours.

[Tru2Chevy]

Good deal man, glad things worked out for you.

- Justin

[79CamaroDiva]

I really think the whole "plea it down to unsafe operation" was created by the courts so that they could collect money and not insurance. THEY don't care how many points you have. They do care how much money they get from you though

[Tru2Chevy]

I really think the whole "plea it down to unsafe operation" was created by the courts so that they could collect money and not insurance. THEY don't care how many points you have. They do care how much money they get from you though

Exactly....

- Justin

[NumberTwo]

Exactly....

- Justin
Couldnt have said it better myself.

cdac, did it go down as I explained or did they do it differently?

[its Jeanne-Marie]

wear a boobie shirt

[V]

wear a boobie shirt

worked for me

[79T/A]

Glad it worked out.

[cdacda13]

Couldnt have said it better myself.

cdac, did it go down as I explained or did they do it differently?

Went a little differently.
The prosecutor came in and explained everything. Then he took role call. Then he called each person up one by one to offer them a plea deal. He offered me the 2 point plea here. I asked for unsafe driving and he told me to sit down.
(At this point, I was thinking, o snap, I'm screwed. Now he is not going to offer me anything.)
Then, the judge came in and talked a little bit then they went into the cases of the people who took the plea deals.
A half hour recess followed.
The prosecutor came back in and talked to the people who didn't take the first round of plea deals.
This is went he offered me unsafe driving. $156 in fines, plus $33 in court fees, plus another 250 in a surcharge. Took the deal. Then you wait for the judge to come back in, you get called up. The judge informs you of your rights and that you willingly waved them. You plead guilty and then leave the court room. Then you go to the violations office and fill out some paper work. I paid $30 (or the entire contents of my wallet) on the spot. Still owe a total of $409.
Its in interesting experience to say the least.

[WildBillyT]

I really think the whole "plea it down to unsafe operation" was created by the courts so that they could collect money and not insurance. THEY don't care how many points you have. They do care how much money they get from you though

Absolutely. NJ realized that they don't see money when they give people points, but they DO see money if they offer a heavy fine instead of them.

[jims69camaro]

Absolutely. NJ realized that they don't see money when they give people points, but they DO see money if they offer a heavy fine instead of them.

and it has to be the "right" charge, too, because the state dips in to the court's proceeds on certain tickets (not sure which ones qualify and which don't).

how'd you feel about the whole waiving your rights deal? kind of funky, eh? we spend so much time and effort knowing our rights and making sure no one tramples on them, but we waive them to avoid points on our licenses... :rofl:

[cdacda13]

how'd you feel about the whole waiving your rights deal? kind of funky, eh? we spend so much time and effort knowing our rights and making sure no one tramples on them, but we waive them to avoid points on our licenses... :rofl:

When he was stating all the rights, he asked if I understood them. By that time, I was 3 hours in and really wanted to be a smart ass. I nearly asked him where these rights came from.

[jims69camaro]

When he was stating all the rights, he asked if I understood them. By that time, I was 3 hours in and really wanted to be a smart ass. I nearly asked him where these rights came from.

oh, snap. and he was fixin to cite you for contempt and lock you up for the night...

nice one, man. i actually laughed at that.

[madness410]

glad everything worked out for you. i have to go may 2 for a 5 point ticket for 31 over...id be happy with 2 pts on my license at the end of the day but an unsafe operations plea would be amazing. i hope they let me plea for that.

[cdacda13]

glad everything worked out for you. i have to go may 2 for a 5 point ticket for 31 over...id be happy with 2 pts on my license at the end of the day but an unsafe operations plea would be amazing. i hope they let me plea for that.
Any previous moving violations? Age? Did you get reckless or careless driving with that?
Be patient and dress nicely. Best advice I was given and it worked out alright for me. (Except for the fact that I now no longer have the money to build my new engine.)

[madness410]

Any previous moving violations? Age? Did you get reckless or careless driving with that?
Be patient and dress nicely. Best advice I was given and it worked out alright for me. (Except for the fact that I now no longer have the money to build my new engine.)

Nope...no previous moving violations...im 19 and i didnt get anything but the speeding ticket with that