Well, I was the lucky owner of my first ticket on Friday after 11+ years of driving. I only usually drive my car every other weekend or so, and in this case it's been even longer since I haven't driven it in all of the rain we've been having. So I took it out Friday and drove it down to my girlfriends, who lives down in Reseda. After spending an hour on the busy freeway, driving from Palmdale, I came to a redlight on Tampa. Now, being that I haven't driven it in a while, I was anxious to get it on it a little. While usually I'm very aware of my surroundings, there was a STI in front of me turning left that I was watching (going the other way). The light turns green for me though, and I pull out in first before hamering it into second and running it up to about 55. Not until I get up to that speed do I look in my rear-view mirror to see a cop that was right behind me the whole time.
Stupid, stupid, stupid. So I gear down to the speed limit, which was 35, and eventually the cop catches up. He pulled me over and asked "Didn't you see me behind you at the light"? I said, "no officer". He then proceeded to ask me if I had anything to drink that night and give me a quick test. He was a pretty cool guy though because he was telling me, "your car has an incredibly quicky acceleration". He was asking questions if it had a turbo and stuff. They didn't harass me about tinting, front license plate, noise or anything else like that which was a good thing for me. I guess I just got what I deserved. Anyways, I have my first ticket ever for doing 55+ in a 35 zone. I have to set up a court date. Any recommendations? I can only plead guilty though, as I can imagine no other way of getting out of it. Maybe I can ask the judge to cite my (previously) clean record of 11+ years for some leniancy.
If you contact the prosecutor directly, there is a 90% + chance you can get the charge dropped down and plead it out. They don't care about anything but their win %. When you plead it is an easy win. And given that it is a traffic violation, he is MUCH rather going to plead and take the easy win vs court.
Troof.
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Yeah plead no contest and ask the judge for leniency..
I have more traffic tickets than all of you combined. Here's my advice.
An LA County judge told me that "No Contest" is the wuss way of pleading guilty. It means the exact same thing, that you're admitting guilt. Be up front about it, plead guilty, then ask for traffic school.
Also, you probably don't need to go to court, especially if this is your first ticket. You'll get a courtesy notice in the mail, which you mail back to the court with your fine + a $29 traffic school fee.
I highly recommend www.onlinetraffic.com. Their "12 hour course" took me two and a half hours to complete. And I was drinking a beer while I took the online test.
Also, you probably don't need to go to court, especially if this is your first ticket. You'll get a courtesy notice in the mail, which you mail back to the court with your fine + a $29 traffic school fee.
1. Ask for traffic court. A cop that I know usually didn't show up. The defendants case gets dismissed when this happens. The Judge or Court Clerk will take roll for defendants. If you don't see the officer that cited you, it may be your lucky day. Case gets dropped and money gets mailed back to ya. Sometimes a Judge will tell you that they will not allow you to go to traffic school if you want a trial. If the officer was working B/T 10:00 pm and 08:00 AM good chance that he would want to sleep than go to court.
2. A Judge will usually only allow you to do community service in lieu of a reduction. Basically picking up trash on the freeway. Saves money but cost your time. The amount of days is set according to your fine. Downside, if you miss 1 day the court is notified and a Warrant is issued.
3. Pay ticket and go to traffic school.
4. Almost forgot you can also request a payment plan. Your fine is broken up into payments. Downside if you miss 1 payment a Warrant is issued.
Warrants vary. If your warrant is over $25,000 or a bench warrant next time you get pulled over by the police you'll get arrested and go to court that following morning. If its under depends on the boredom/mood of the officer.
Your warrant amount is set by the Judge according to his mood. Which also helps me remember number 5.
5. Serve time in Jail. "Its usually one day for a traffic cite. You'll come to court in the morning and sit in the lock up for a day. At the end of the day they send you home" time served. Don't forget to ask for Traffic School when U see the Judge.
Personally if I was low on funds I'd do number 2. Just ask the Judge after you plead guilty or no contest if it makes you feel better , " Sir can I have community service".
My friend has alot of info just ask. Good luck. Probably the best info you'll find.....Hint Hint.
1. Ask for traffic court. A cop that I know usually didn't show up. The defendants case gets dismissed when this happens. The Judge or Court Clerk will take roll for defendants. If you don't see the officer that cited you, it may be your lucky day. Case gets dropped and money gets mailed back to ya. Sometimes a Judge will tell you that they will not allow you to go to traffic school if you want a trial. If the officer was working B/T 10:00 pm and 08:00 AM good chance that he would want to sleep than go to court.
Good advice, may I assume you're a cop?
But what do you do if you ask for traffic court expecting the officer not to show up, and he DOES? Do you then plead guilty? Have a case prepared that explains why you couldn't possibly have been breaking the law? This happened to me once, and I felt like an ass.
I have more traffic tickets than all of you combined. Here's my advice.
Maybe now, but 17 years ago I woulda given you a run for your money.
Quote: Originally Posted by Jeffiam
An LA County judge told me that "No Contest" is the wuss way of pleading guilty. It means the exact same thing, that you're admitting guilt.
A no contest plea, as it was explained to me, IS a guilty plea that cannot be used against you in a civil case. Wuss way, or whatever he wants to call it, is a good way to cover your ass and assets!!!
Maybe now, but 17 years ago I woulda given you a run for your money.
I try to drive slow, I swear!
Quote:
A no contest plea, as it was explained to me, IS a guilty plea that cannot be used against you in a civil case. Wuss way, or whatever he wants to call it, is a good way to cover your ass and assets!!!
Really? I hadn't realized that, that's interesting. The judge that told me otherwise was either making stuff up, or has his facts a little off.
No, no, no, no, no!!! Don't do any of those things yet... Here in California, you should do the following:
1) Trial by Written Declaration
Basically, you get a trial without having to go to court.. You file out some REAL SIMPLE forms, send it in with your statement and evidence (if any) and a check for the full bail amount... The citing officer will get a chance to send in his statement and evidence as well... A judge will look at both statements and evidence and make a judgement... If you win, you get your money back (60 days later)...
From what I understand, officers are not paid overtime to fill out paperwork so you have a good chance of winning the trial... But if you loose, the law specifically states that, "if the defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo."
2) Trial de novo
Here, you will need to go into court for this trial... But here's your second chance!! Cops are paid overtime to go to court, so they may show up... But if not, your case will be dismissed once again!!
3) Traffic School
If both trials fail, then you should point to your clean driving record and ask for traffic school... Hey.. at least your insurance rate won't cost you extra thousands of dollars!!
4) Guilty - Points on record, but still kinda -okay-
If everything above fails, you still gained something by following the above... Your advantage was time. First, your court date on the ticket is probably two months from the day you got your ticket... a few weeks before that date, send in your forms for the Trial by Written Declaration. That takes months for them to respond!! Mine took over two months! If that fails, you can request for a trial de novo at the latest possible date!! That could be another month or two... Remember, you are innocent until proven guilty! So, by the time you are actually guilty, you've already been driving without hiked-up insurance rates for a good six months!! And the insurance co. only sees points on your record for an 18-month period from the date of the citing, so they can only raise rates for the remainder of the 18-months, since you technically don't have a point on your record prior to the end of your second trial... you've already saved yourself hundreds right there!
Get the TR-200, TR-205
The officer needs to fill out TR-235
You will get the results when they send you a TR-215
If that's a guilty result, then fill out TR-220
And you should get a TR-225 as a reply...
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