going to court wednesday for speeding...

[LOLyourFace]

i have no idea what to expect, how is the hearing done? Do I speak first regarding what happened and try to justify myself? What does the cop do if he shows up? And is it true the case is dropped if the cop doesn't show up? what are the chances?

 

You will face the judge, you will be asked what your plea will be, guilty or not guilty, make your plea.
If the officer shows, the judge will most likely reduce your fine and points, if the officer is a no show, it will be dropped.

 

[CrazyDe1]

Depends what court it is. Some courts will let you see what the cop wrote down on the ticket. Some will automatically offer a plea bargain. Some will have the DA talk to you before you talk to the judge. If the cop doesn't show up it's dropped. Chances are about 15% they might not...keep in mind if you choose to fight it you toss out any chance of a plea bargain. Give them as little information as possible...there's no need to defend yourself. "Oh my friend was sick and we were going to the hospital" excuses are heard all the time and maek you look stupid....

 

[Yax]

If the Judge asks:

Were you driving XXmph? Your answer should not be "Yes, but..." As soon as you say Yes, you're guilty, no matter what your excuse is. Just say NO!

 

[CrazyDe1]

Originally posted by: cheapbidder01
If the Judge asks:

Were you driving XXmph? Your answer should not be "Yes, but..." As soon as you say Yes, you're guilty, no matter what your excuse is. Just say NO!

Depends on your plea intentions...you don't have to say anything until you hear what they're offering you. So, if they offer you a good plea bargain, if she asks were you going this fast, you say yes because the judge decides the fine, so if you're cooperative and just admit guilt with no excuses it gets considered in the fine. If you're planning to appeal however, you should never admit anything. Either way don't ever say how fast you were going until you know what they're offering.

 

[RU482]

so, were you guilty? what's your story?

 

[notfred]

Depends where you live, I could tell you what they do in California, whicch is NOT what Roger said, but you don't seem to live in California.

 

[edro]

If they ask you how fast you were going, say the speed limit! DO NOT SAY YOU WERE GOING 66 or 67 (if it was a 65mph zone). LIE! They look at going 66 in a 65 the EXACT same as if you were going 90 in a 65.

Sometimes it is best in life to Lie... speeding tickets are one of those times.

 

[Antisocial Virge]

Originally posted by: edro13
If they ask you how fast you were going, say the speed limit! DO NOT SAY YOU WERE GOING 66 or 67 (if it was a 65mph zone). LIE! They look at going 66 in a 65 the EXACT same as if you were going 90 in a 65.

Sometimes it is best in life to Lie... speeding tickets are one of those times.

 

[CrazyDe1]

If a cop asks you say you weren't paying attention. In court, they'll never ask this unless you have a trial...

 

[Vic]

Have you already plead guilty or not guilty?

In some states, that is done by checking a box on the back of the ticket and mailing it back in. If you check the guilty box, you also send in the fine. If you check the not guilty box, then they mail you back your court date.

In other states, your court date is already on your ticket. In that case, the first court date is the arraignment, where you will be given the opportunity to make your plea. If you plead guilty, you can give some explanation to the judge, and he can at his discretion reduce your fine and/or arrange traffic school diversion (in those states that have that) based on your explanation and/or your previous driving record. Payment of the fine is due immediately but the judge may allow arrangements for that. If you plead not guilty, another court date will be scheduled for the actual trial or hearing.

At the trial or hearing, you do not speak first. The burden of evidence falls upon the state, not you, so the state will present its case first. Depending on the state, either the officer who wrote you the ticket will be present to testify against you, or he will have already provided the judge with a sworn affidavit. The officer will testify first (or the judge will read aloud from the officer's sworn affidavit). If the officer is present, you will be allowed to cross-examine his testimony (ask him questions) after he is done. Then you will testify on your behalf. It is extremely important (1) that you speak as little as possible and be direct and to the point, (2) that you present yourself properly by wearing nice clothes and speaking proper, respectful English and not use slang or profanity of ANY kind, (3) that you never admit guilt of any kind -- if the officer said you were doing 65 in a 55, do not counter by saying you were only doing 60, that is still speeding and you will still be found guilty, (4) that you stick to the point and that your testimony directly dispute the officer's testimony and little else, and (5) that you do not waste the judge's time or upset him in any way.

That's about as much help as I can give you. If you feel you need more, contact a lawyer. It is my opinion, however, that most traffic lawyers cost more than ticket itself and that they are of little value beyond possibly some good advice.

editted for minor typo

 

[richardycc]

aren't you in MA? not sure if its different in diff town, but in my town, you have to show up in front of the town magister(?) first, he or she will usually ask if you would like to goto court and try your case before the judge or pay a reduced fine right there. If you pick going to court, you better have a good excuse, if you lose, they will make you pay the orginal fine and court fee. good luck either way.

rich

 

[Vic]

Originally posted by: CrazyDe1
If a cop asks you say you weren't paying attention. In court, they'll never ask this unless you have a trial...

Very bad advice, as good as an admission of guilt.

Whether he is actually guilty of speeding or not is irrelevant. Everyone is entitled to equal proctection under the law and has their right to their day in court.

Be extremely careful about lying. If you go to the actual trial, you will be under oath. Better to say nothing at all (which is completely legal) than to lie. Though attempts may be made for you to do so, you cannot be compelled to testify against yourself.

bah misspelled word

 

[CrazyDe1]

I once got off of a ticket because they showed me the ticket and you got to talk to the DA personally. So, basically i looked at my ticket, on the back it said 75 in a 45 and the officer checked the heavy traffic box. I go to the DA and go how was I going this fast in heavy traffic? Have you ever driven in heavy traffic? The DA goes well, why would the cop make it up. I said something like I'm not sure, but I wasn't going that fast because there were cars all around and I was baiscally stopped...might have been because I waited till the last minute to merge earlier. But he probably just made an honest mistake. He dismissed it right there...

 

[dquan97]

Originally posted by: CrazyDe1
I once got off of a ticket because they showed me the ticket and you got to talk to the DA personally. So, basically i looked at my ticket, on the back it said 75 in a 45 and the officer checked the heavy traffic box. I go to the DA and go how was I going this fast in heavy traffic? Have you ever driven in heavy traffic? The DA goes well, why would the cop make it up. I said something like I'm not sure, but I wasn't going that fast because there were cars all around and I was baiscally stopped...might have been because I waited till the last minute to merge earlier. But he probably just made an honest mistake. He dismissed it right there...

Glad it was quick and painless