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legal advice - found guilty in my absence for speeding ticket?

T

TaylorD

Diamond Member
I got a speeding ticket in september, 62 in a 45. I was only on the 45 road for a few hundred yards, in which there is only one speed limit sign, blocked by a transformer, and no parking signs. (I have 8x10 prints that show this.) Also, the signage indicates that you are getting onto 395, an interstate highway, with an assumed limit of 55 - while in reality, you are on another road for a few hundred yards before reaching 395, one with a 45 limit.

anyway, it was the 30th of the month, and I was driving a brand new car (I work at a car dealership part time, for a measly hourly wage - needless to say the car was not mine, and had dealer plates) so the cop gave me a ticket anyway. the arlington va court scheduled me for a tuedsay, which I called and had changed, since I have more than 6 hours of classes on tuesdays. The date was arbitrarily changed to another tuesday, in december, during my last week of classes. (not a good time)

so I called and asked to have it changed again, and the woman said it may not go through, the judge may deny me, but my reason (exams) was a valid one.

I call back the day after the court date, and find out that the judge found me guilty in my absence. The woman wasn't sure if my reason had been given to the judge, or if he had just called my name and I wasnt there to respond.

Anyway, at this point, is there any recourse for me? I am assuming there is no appeal at this level, since it is minor. Is the judges name and address public knowledge? I will definitely send him a respectful letter; I think he acted in an irresponsible fashion. Is there anything else I can do? Can I complain to someone higher up?
 
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if not appeal, then file a motion for default and get yourself a lawyer.

-=bmacd=-

edit: your first mistake was not requesting a formal court hearing.
edit 2: you had a judge, so it must have been a formal...informal is before a magistrate in michigan, but i was under the impression that you have to be represented in court for anything to happen...
 
Originally posted by: TaylorD
I got a speeding ticket in september, 62 in a 45. I was only on the 45 road for a few hundred yards, in which there is only one speed limit sign, blocked by a transformer, and no parking signs. (I have 8x10 prints that show this.) Also, the signage indicates that you are getting onto 395, an interstate highway, with an assumed limit of 55 - while in reality, you are on another road for a few hundred yards before reaching 395, one with a 45 limit.

anyway, it was the 30th of the month, and I was driving a brand new car (I work at a car dealership part time, for a measly hourly wage - needless to say the car was not mine, and had dealer plates) so the cop gave me a ticket anyway. the arlington va court scheduled me for a tuedsay, which I called and had changed, since I have more than 6 hours of classes on tuesdays. The date was arbitrarily changed to another tuesday, in december, during my last week of classes. (not a good time)

so I called and asked to have it changed again, and the woman said it may not go through, the judge may deny me, but my reason (exams) was a valid one.

I call back the day after the court date, and find out that the judge found me guilty in my absence. The woman wasn--name removed--sure if my reason had been given to the judge, or if he had just called my name and I wasnt there to respond.

Anyway, at this point, is there any recourse for me? I am assuming there is no appeal at this level, since it is minor. Is the judges name and address public knowledge? I will definitely send him a scathing letter; I think he acted in an irresponsible fashion. Is there anything else I can do? Can I complain to someone higher up?
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The judge is irresponsible because YOU didn't show up? Now explain that to me exactly. Including the fact that you broke the law.
 
if the speed limit is not clearly posted, people assume the standards (25 for residential roads, 35 for other roads, and 55 for a highway)
the speed limit was not clearly marked.

The irresponsibility (<EDIT>if and only if the judge knew WHY I wasnt there, which isnt clear )</EDIT>comes in the form of the judge sending the message that coming to discuss a speeding ticket is more important than my education. I go to classes, in addition to working 35-40 hours a week. Tuesdays happen to be a bad day for me.

I also think it should be made more clear exactly what happens when you file for continuation. If my reason wasnt valid, what reasons are? Death? Illness?

 
I wouldn't suggest the scathing letter.. I would say maybe a polite letter explaining your whol side of the story, and if possible have it sent to him directly, and not through a secretary. Explain your whole situation with the tuesdya, how you have an abundance of classes, and originally asked for a re-scheduling because of this, and when they gave you another tuesday date could still do nothing about it.

He may have thought you were just trying to avoid it/put it off, so maybe even send him a copy of your semester and exam schedules showing him why tuesdays weren't good.

Also, though I would suggest just simply asking him for a re-trial type of thing, you could present your evidence against the ticket (the 8x10's) to him in the same letter.

If none of that works, then you could always get a lawyer, bonus points if you are friends w/ one who would help you out for free.
 
i'd go with a lawyer regardless. The judge may now "have it out for you" and not give you any slack. A lawyer may be the only person on your side at this point.

-=bmacd=-
 
thanks for all the advice.... I think i should have waited before posting, as my being pissed has come through. I don't really think the judge was being irresponsible. I think there was most likely a miscommunication.

Also, I dont plan on writing a scathing letter... I will be as respectful as possible while letting him know what transpired.

BTW, heres the pic of the sign. this is the only angle from which you can see the speed limit. (forward or backward, the sign is blocked.)
 
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if the speed limit is not clearly posted, people assume the standards (25 for residential roads, 35 for other roads, and 55 for a highway)
the speed limit was not clearly marked.
Click to expand...

"Assumed" speeds or not, you were still doing 62 right?
 
Pay your fine and take it as a lesson learned. Not sure how many points you'll get though. At this point, there's not much you can do that would make it worth the effort. I live in the DC area too, and the higher up you go in the court system, the less forgiving they are.

Honestly, after the first postponement, they probably wouldn't have done anything for you anyways. They don't care about any hardship that is caused by your court date, as a court date is a valid reason to miss anything (work, class, whatever). You shoulda bit the bullet and missed a class or two that day. Postponing a court date is telling the Judge that you think YOUR time is more valuable then THEIR time , and cops and judges don't like that so much.

Every time you are set to appear in court, the law enforcement officer has to appear as well, which is a burden on the officer. Judges tend to sympathize with the police in this area; rather than being out on the street, they are cooped up in court rooms b/c 30 people want to avoid paying a fine
rolleye.gif
Even if you did hire a lawyer, you'd have to pay additional appeal fees up front, with no guarantee your appeal will be heard. An appeal for a speeding ticket might anger some judges, and they may choose to hear it just to slap you with a stiffer fine (yes, they can do that).

Chiz
 
yes, i was doing 62. so was traffic. and I know thats not even close to a valid excuse.

I am not claiming innocence. I am claiming that the speed limit wasnt posted, so at worst I should be charged with something lesser, perhaps 62 in a 55?
 
this your first speeding ticket? here in my area (east NC) if its your first its not usually a problem to show up ahead of time, talk to the da or whoever, show him yoru record, that this is your first, and pay a fine to have it lowered, so it doesnt go on your insurance

they call it a fine i think its really just bribery to let you slide, but go figure
 
I would have missed four classes, including one exam. this is the last week, I would prefer not to throw away all the hard work I have done all semester.

And I do plan on paying the fine, however this works out. It will be cheaper than hiring a lawyer.
I just want to make sure the judge knew the details, and maybe even get them to put up some new damned signs on (what I now know is the 45mph) Washington Blvd.!
 
about the cops having to show up... at least in my limited experience, they only have to show up if you plead not guilty. (ie everyone makes their plea, talks to the DA, etc. then the judge goes through all the guilty and guilty to lesser charge, guilty with explanation charges while the cops have time to come in and deal with the not guilty pleas)

is that the way it usually goes?
 
Originally posted by: ScrapSilicon
signs appear and disappear around here..
rolleye.gif
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After bad snow here, the signs are often cover w/ snow, and you can't read em... so i can see how a visitor might not know the speed if that happened.

but, on the other hand, you probably won't be going too fast after a blizzard anyway
 
I'm not talking about the 2nd date, talking about the first date. How long are your classes? Traffic Court appearances take no more than an hour (sometimes faster depending on luck of the draw), as they are on tight session schedules. Usually, the judge lets you get in 2 words before he asks you how many tix you have received. If the answer is 0 or 1, he will usually lower the speed to the minimum where you will get no points, but you have to pay the fines and court fees (which is more upfront, but less in the long-run).

As for Wash. Blvd, I know exactly where that is! Crystal City/Pentagon City/So. Arlington area. I'm there often. Your best bet would've been to explain it to the cop and try to get him to lower the speed on the spot. They will do that, especially if you let him know you won't contest it if it gives no points (they like that b/c less court time). Anyways, my bro's best friend works as a public defender in the D.A.'s office in Rockville, and he says nothing annoys judges more than people pushing the limits of the judicial system for traffic violations.

Chiz
 
Then send a nice letter with copies to Streen Sign Dept. with photos to the judge. You may find a more responsive judge if you can present the issues unemotionally and with corroborating photos. They may reverse the finding. ESPECIALLY if you pay the fine and present evidence of class scheduling conflicts.
Good luck, I just pay the damn things.....
 
i tried to talk with the cop.

he disliked me from the start because I was driving a $60,000 car (he actually mentioned something about me having a brand new car right after he pulled me over), plus it was the last day of the month, so he had quotas to reach i assume.
 
Originally posted by: TaylorD
about the cops having to show up... at least in my limited experience, they only have to show up if you plead not guilty. (ie everyone makes their plea, talks to the DA, etc. then the judge goes through all the guilty and guilty to lesser charge, guilty with explanation charges while the cops have time to come in and deal with the not guilty pleas)

is that the way it usually goes?
Click to expand...

In your case, you would essentially be "pleading not guilty" by default, since you were found guilty b/c you failed to appear and were unable to enter a plea. The officers are usually there regardless, b/c some joker thinks he can talk his way out of a fine and pleads not guilty. I've seen some judges throw the book at people for this...it can get really ugly. The only way to be in your situation would have been to request a hearing b/c you wanted to plead not guilty. Whether it is guilty to a lesser charge or guilty with an explanation, you had already admitted guilt, the Judge just reaffirmed it. You just didn't get to give your "explanation".

Chiz
 
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