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Traffic Court Help; Plzzz
Topic Started: Jul 14 2009, 03:12 PM (501 Views)
Ten Speed
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I'm On a Boat
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I know some of you are into court and law type stuff so I figured maybe you could help me out.

Ok, so last night I got a speeding ticket at 12 midnight. First of all, I was ticketed for 48 in a 30. Although when the officer clocked me I was TECHNICALLY in a ridiculously small strip of road which is 30, placed in between a 45 and a 50, he actually stopped me AFTER the 50 sign. To me, this says "Wow, this is probably not a significant enough offense to be ticketed, I mean cmon I was within 100 feet of the 50 sign doing 48! And I'm the only car on the road at 12 midnight!"

Long story short I have 2 other speeding offenses on my record: a 4 point demerit for speeding "39" in a 30 (I was doing 50 but he wrote 39 on the ticket :D ), and another 6 point demerit for speeding 56 in a 35. So I would normally have 10 points on my license. In Maine (dont know about other states), your license is automatically suspended after 12 or more points. That would mean my latest demerit of 6 points for "48 in a 30" <_< Would put me at 16 points. HOWEVER-

Before my first offense I had a "Violation Free Credit", which meant no violations for a year, which is -1 point on my license. Also, since it has been a year since my first offense, those points are taken off my license. The offense would be for 4 points, so that would bring me down to 6, not counting the Violation Free Credit. I just printed off my driving record from the BMV website, and it says I have 5 points right now. I figure that means that the Violation Free Credit is still in effect, and that even if I contest the latest ticket (which I am) and it is upheld, I should only have 11 points after that.

Sorry for any confusing details, lol. Basically I'm asking what I should do in court when I get a court date. I dont really understand how traffic court works, as I have never been to court. Do I just show up, plead not guilty, and then make my case? I believe by technicality I WAS driving 48 in a 30, but due to other outside circumstances I believe the ticket may be unwarranted and unnecessary. Currently these points are what I have to make my case:

-wrong road on ticket (it was route 22, he wrote route 202)
-Stopped after 50 sign
-no reliable ride to work if my license is suspended
-insurance less affordable (12 points would be a ridiculously high rate to pay with a part time job at wendys >_< )
-small size of '30' zone (the strip where its 30 is literally like 200 feet)
-time of night; midnight
-only car on the road
-identity of car; past encounters (long story but basically the cops think I'm involved in some kind of drug dealing ring or something because someone who was in my car was busted)

Again, I have no clue what I'm doing, basically I'm just walking in there and winging it in court, any help would be greatly appreciated.

Thx.

OH and jw if anyone knows if I can get Probation Before Judgement. I dont care about paying the fines I just dont want the suspension and the insurance rate increase due to the points. If I'm eligible, how do I get it? Do I ask for it, or do I just plead guilty and hope they give it to me? I read there was also a "Guilty with Explanation" plea. How does that work exactly?

Thx again, lul. XD
Edited by Ten Speed, Jul 14 2009, 03:18 PM.
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Pure$killz
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don't ever plead guilty and then admit you actually drove 50 in a 30. just say i was stopped in a 50 zone i dont see how blah blah so on
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phoenix
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Make sure you pull over right next to the 50 sign, and take some pictures.

Or... just don't speed.
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sirkibble2
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Um... it sounds like he clocked you at 48 in the 30 zone but because you were going 48, you got into the 50 zone and that's when he got to you. If that's the case, don't even try to defend yourself.
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js2393
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I'm not sure how you could defend yourself. It sounds like he clocked you going 48 in a 30 zone. Despite whatever reasonable reasons you may have had, you were speeding so I don't think there's any reason to bother trying to defend yourself, unless you're going to flat-out lie or something, lol.
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Pure$killz
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the only way you could possibly get away with it is if you fight it and he doesnt show up or you can prove that the sign was covered up or hard to see where it was.
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Ten Speed
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Gee, thanks for the positive reinforcement guys. :-/

I've read into it and from what I've found, it's not too much of a longshot to argue based on circumstances that you believe you were driving at a safe and appropriate speed; I realize the point you all make about there not being any way around the fact that I WAS speeding, my point is based on the circumstances, I believe at least the points should be dropped. I dont care about the fine, I just really can't afford to have my license suspended again. Insurance = fail.

My main argument is something to the effect of "When I was pulled over I believe I was traveling at an appropriate speed given the time of night and lack of other vehicles on the road, and given the fact that I was passing through a small zone between a 45 and 50, 48 seems to me to be a reasonable speed...if it had been a different situation where my "speeding" had been endangering other people, etc., I would understand. Also based on the fact that this ticket could potentially mean 1) my license being suspended, therefore have no reliable way to get to work and 2) my insurance going through the roof and me being a teenager with a (shitty, low paying) part time job at wendys, it would be almost unaffordable."

Does that not seem like a reasonable argument to anyone? I'm not trying to deny the fact that I was, indeed, speeding, but simply trying to argue that I don't believe the violation constitutes all of the repercussions that would result from it. I'm basically trying to make a deal to drop the points, even if I have to pay the fine, if that's possible.


Speaking of this, is there any way anyone can think of that I can go in there and basically say, "Look, I know I messed up but I think this is a little overkill and I'm willing to pay the fine and take responsibility" ?? I'm not familiar with court proceedings like I mentioned earlier, so I'm not really sure if I could just go up there and say that or if I need to do it a certain way.

ALSO, anyone know anything about the Probation Before Judgement?? That would be perfect if I could get that...that's basically what I'm arguing for anyway.
Edited by Ten Speed, Jul 15 2009, 03:00 AM.
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js2393
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I think that's definitely a reasonable argument, I'm just not sure if they'll accept. I suppose you've got nothing to lose though, so you might as well. :)
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Bucsfan
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Wow that sucks. GL

Edited by Bucsfan, Jul 15 2009, 01:06 PM.
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phoenix
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Aren't you forgetting to mention that the limit was 30 in that small section of road because it was a SCHOOL AREA?
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sirkibble2
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No... I don't think that is a reasonable argument. The only reasonable speed is the speed limit--according to law. You can't tell the law that you were driving at a reasonable speed when the reasonable speed is on a sign.
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js2393
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sirkibble2
Jul 15 2009, 03:34 PM
No... I don't think that is a reasonable argument. The only reasonable speed is the speed limit--according to law. You can't tell the law that you were driving at a reasonable speed when the reasonable speed is on a sign.
True. Although the streets may have been empty so it's reasonable to drive a bit faster, the fact is that there is a speed limit, which is the legal limit on how fast you can go, no matter what the circumstances are (unless it's like end of the world or you're being chased by terrorists or something extreme, lol). Not sure how you could really argue against that...if they let you get away with it, it'd only be fair to let others do the same, and then it isn't really much of a law.
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Pure$killz
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the reason we are being hard on you because the law is even harder. anyone of law does not give two shits about yoru circumstances its either you broke the law or you didn't. you're most likely not gonna win espically if the officer decides to show up. its simple if your gonna do the crime prepare to do the time so to speak. it sucks but its the truth and nobody can sugar coat it. just don't confuse that for us not being supportive.
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sirkibble2
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Pure$killz
Jul 15 2009, 06:27 PM
the reason we are being hard on you because the law is even harder. anyone of law does not give two shits about yoru circumstances its either you broke the law or you didn't. you're most likely not gonna win espically if the officer decides to show up. its simple if your gonna do the crime prepare to do the time so to speak. it sucks but its the truth and nobody can sugar coat it. just don't confuse that for us not being supportive.
Well said.
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