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Posted: 7/21/2012 6:01:48 PM EDT
[#1]
Not worth getting a lawyer for a sub-reckless speeding ticket if you have no other points on your record.
If it's feasible, appear at the court date and note that you have a clean record, +5 point balance, and ask for driving school. If that court doesn't do driving school, ask for it to be reduced to 9 over which is only 3 points. Get there on time and listen, sometimes the judge will explain his policy at the beginning or you can figure it out as you watch the people who get called before you. |
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Posted: 7/21/2012 6:58:58 PM EDT
[#2]
How did you get so many points with no tickets?
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Posted: 7/21/2012 7:16:45 PM EDT
[#3]
Quoted:
How did you get so many points with no tickets? He has extra points for being a good driver. |
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Posted: 7/21/2012 8:32:44 PM EDT
[#4]
Quoted:
How did you get so many points with no tickets? those are positive points, not negative. he is in the green. OP, yes, you can take the drivers improvement class. go to court, ask for it and the judge should agree since its your first ticket. |
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Posted: 7/22/2012 4:35:59 AM EDT
[#5]
If you go, you can ask the judge to suspend the ticket for six months and if you stay clean to drop the ticket.
My g/f's kid got a speeding ticket and explained to the judge that his record has to be spotless for work. The judge ordered him to drivers school and told him if he kept his nose clean and did not get any more tickets for 6 months, the judge would drop the ticket. It never hurts to ask. |
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Posted: 7/22/2012 5:29:05 AM EDT
[#6]
Don't wast your money on a lawyer for a speeding ticket.
I'd recommend that you go in front of the judge and ask for driving school. (most of the time they will offer it to you if you have a clean record) Also, wearing proper clothing means a lot and will help you more than you know. Good luck! |
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Posted: 7/22/2012 7:20:46 AM EDT
[#7]
Why not just man up, pay the ticket (by your own admission you were speeding) and chalk it up as learning experience?
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Posted: 7/22/2012 7:53:55 AM EDT
[#8]
I got a 40 in a 30 a couple months ago and just paid the thing online and went along with my life, it would have cost me more taking off work and driving all the way out to where the court was anyway.
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Posted: 7/22/2012 8:22:54 AM EDT
[#9]
How much did he drop the speed? I don't think you are getting hit with 4 points....probably 3. I'd ask the judge special consideration. Worst case scenario take the $60-70 dollar defensive driving class and get your points back. Being a first offense with your age bodes well for you. No need for a lawyer.
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Posted: 7/22/2012 9:13:18 AM EDT
[#10]
Not every GDC judge allows driving school. Please read my first reply, that is the realistic hierarchy of options and how you proceed. If you can find out in advance (maybe call the clerk's office and ask) whether the GDC judge(s) there even allow driving school, you'll know in advance.
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Posted: 7/22/2012 2:05:19 PM EDT
[#11]
very true. Had a speeding ticket 2 years ago at 12 over and the GDC judges in Henrico were a crap shoot and you couldn't tell who you were going to get. Some judges in henrico were said to stick it to you even worse if you had the temerity to fight it.
I ended up paying it and taking the points for the few years since that was the first speeding ticket in like 15 years. Insurance didn't go up much at all maybe 5 bucks a month. Heck if you paid for the driver's course ($75) and added in another $65 bucks in court costs(which you still have to pay) it cost the same as paying the ticket and I didn't have to take a day off work. Quoted:
Not every GDC judge allows driving school. Please read my first reply, that is the realistic hierarchy of options and how you proceed. If you can find out in advance (maybe call the clerk's office and ask) whether the GDC judge(s) there even allow driving school, you'll know in advance. |
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Posted: 7/22/2012 3:16:26 PM EDT
[#12]
Go ahead a sign up for AAA driver improvement. Take your class certificate with you to court and ask the judge to take it under advisement. sty clean and the ticket is dropped. Plus if you take the initiative to do the class before your court date it looks good for you.
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Posted: 7/22/2012 4:30:25 PM EDT
[#13]
Quoted:
Go ahead a sign up for AAA driver improvement. Take your class certificate with you to court and ask the judge to take it under advisement. sty clean and the ticket is dropped. Plus if you take the initiative to do the class before your court date it looks good for you. Not necessarily. Some judges feel that driving school needs to show up on your record as a court referral, so that if you get popped again, they will know not to allow any deferred judgment. Some judges also might find it a bit presumptuous to preemptively take action. The advice about calling the clerk's office might work, depending on the office. Calling the Commonwealth's Attorney office is not a bad idea either; while the traffic ACA usually won't get involved in a simple speeding case, they can tell you whether the judge will be likely to allow driving school as a disposition. |
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Posted: 7/22/2012 4:41:00 PM EDT
[#14]
Never plead guilty.
Always go to court because the officer might not show and it might get tossed out. Big maybe but still a maybe. I pled guilty to a RD charge in Bedford county and asked for the mercy of the court because I had never had a speeding ticket up to that point, ever. The judge told me that if I had pled not guilty and asked for mercy I would have gotten some, but pleading guilty sealed the deal with all fines, points, etc that came with it. Lesson learned. |
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Posted: 7/22/2012 5:39:17 PM EDT
[#15]
Thanks for the advice everyone.. I am a very, VERY conservative driver - this was a fluke thing.. My wife makes fun of me because I dont wont drive faster at times..
The reason I dont want to take pay the ticket and take the deduction of points and is that my work frowns upon speeding tickets and I dont know how (or even if) they will react - and dont really want to find out.... So I figure if i can get traffic school OR get it dismissed it would just be better.. I was wondering about going to court to ask for mercy (or driving school) if i should say quilty or not-quilty - but thanks to HSRACER201, i now know what I should do.. brian |
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Posted: 7/23/2012 1:57:32 PM EDT
[#16]
Do the voluntary online driver improvement class (proctored test) then go to court with your certificate. Very worst, the course will negate the points, more than likely the judge will let you go or reduce the charge.
Worked for me M2C Good Luck |
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Posted: 7/23/2012 2:17:11 PM EDT
[#17]
Quoted:
Thanks for the advice everyone.. I am a very, VERY conservative driver - this was a fluke thing.. My wife makes fun of me because I dont wont drive faster at times.. The reason I dont want to take pay the ticket and take the deduction of points and is that my work frowns upon speeding tickets and I dont know how (or even if) they will react - and dont really want to find out.... So I figure if i can get traffic school OR get it dismissed it would just be better.. I was wondering about going to court to ask for mercy (or driving school) if i should say quilty or not-quilty - but thanks to HSRACER201, i now know what I should do.. brian There's actually 4 options to a plea- Guilty - You acknowledge culpability and that the Commonwealth has enough evidence to find you guilty Not Guilty - You do not acknowledge culpability and demand the Commonwealth prove it No Contest - You do not deny culpability, but still ask the Commonwealth to prove the case Alford plea - You explicitly deny culpabilityu but recognize that the Commonwealth has enough evidence to find you guilty Alford pleas are usually used where there is a concurrent civil case, in crashes etc. You're not really fighting it in criminal/traffic court, but you won't go on record as having admitted guilt for civil purposes. Most requests for driving school in this area are accompanied by a No Contest plea. |
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Posted: 7/24/2012 4:43:10 AM EDT
[#18]
You need to research this first or get a lawyer. Was there a sign saying 45MPH ahead? If not then this may not conform to the Manual of Uniform Traffic control devices. Did the cop see you see that sign? There is a lot more that a good lawyer can ask officer friendly under oath. Go to the National Motorist Association web site and READ. I would never plead guilty and always make them pay in court costs. If you lose then pay the lawyer and appeal. The man up BS is just that. There is no man up when the local thugs want to take your money for driving like they do all the time. Ultimately its the prosecutor who decides if the case will go forward based not so much on the evidence but on what it will cost the court in time and money to prosecute. If this does not convince you that it is all about money and not safety then what else can we say?
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Posted: 7/24/2012 11:03:20 AM EDT
[#19]
Quoted:
You need to research this first or get a lawyer. Was there a sign saying 45MPH ahead? If not then this may not conform to the Manual of Uniform Traffic control devices. Did the cop see you see that sign? There is a lot more that a good lawyer can ask officer friendly under oath. Go to the National Motorist Association web site and READ. I would never plead guilty and always make them pay in court costs. If you lose then pay the lawyer and appeal. The man up BS is just that. There is no man up when the local thugs want to take your money for driving like they do all the time. Ultimately its the prosecutor who decides if the case will go forward based not so much on the evidence but on what it will cost the court in time and money to prosecute. If this does not convince you that it is all about money and not safety then what else can we say? Seems like an awful lot of time and money for a non-reckless ticket with a clean record. Site visits, photos, MUTCD research, lawyer fees, appeals to Circuit Court ... Yeah, I'm going to stick with my original advice. 
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Posted: 8/1/2012 4:23:04 AM EDT
[#20]
Quoted:
You need to research this first or get a lawyer. Was there a sign saying 45MPH ahead? If not then this may not conform to the Manual of Uniform Traffic control devices. Did the cop see you see that sign? There is a lot more that a good lawyer can ask officer friendly under oath. Go to the National Motorist Association web site and READ. I would never plead guilty and always make them pay in court costs. If you lose then pay the lawyer and appeal. The man up BS is just that. There is no man up when the local thugs want to take your money for driving like they do all the time. Ultimately its the prosecutor who decides if the case will go forward based not so much on the evidence but on what it will cost the court in time and money to prosecute. If this does not convince you that it is all about money and not safety then what else can we say? 
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Posted: 8/1/2012 6:34:35 AM EDT
[#21]
Quoted:
Quoted:
You need to research this first or get a lawyer. Was there a sign saying 45MPH ahead? If not then this may not conform to the Manual of Uniform Traffic control devices. Did the cop see you see that sign? There is a lot more that a good lawyer can ask officer friendly under oath. Go to the National Motorist Association web site and READ. I would never plead guilty and always make them pay in court costs. If you lose then pay the lawyer and appeal. The man up BS is just that. There is no man up when the local thugs want to take your money for driving like they do all the time. Ultimately its the prosecutor who decides if the case will go forward based not so much on the evidence but on what it will cost the court in time and money to prosecute. If this does not convince you that it is all about money and not safety then what else can we say? Yeah man, don't you know it's only a violation if you saw the sign? 
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Posted: 8/1/2012 10:20:28 AM EDT
[#22]
Quoted:
Quoted:
Go ahead a sign up for AAA driver improvement. Take your class certificate with you to court and ask the judge to take it under advisement. sty clean and the ticket is dropped. Plus if you take the initiative to do the class before your court date it looks good for you. Not necessarily. Some judges feel that driving school needs to show up on your record as a court referral, so that if you get popped again, they will know not to allow any deferred judgment. Some judges also might find it a bit presumptuous to preemptively take action. The advice about calling the clerk's office might work, depending on the office. Calling the Commonwealth's Attorney office is not a bad idea either; while the traffic ACA usually won't get involved in a simple speeding case, they can tell you whether the judge will be likely to allow driving school as a disposition. Of course it's up to the court, but when I got popped in '09 for 12 over, I took a safety course prior to the hearing and the judge reduced it to the lesser speeding. The other upside of the situation is that by being reduced, my insurance co. doesn't even acknowledge speeding tickets in the lesser category (1-9), so no hit there either. |
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