http://ducatimonsterforum.org/index.php?topic=28738.msg499002#msg499002 (http://ducatimonsterforum.org/index.php?topic=28738.msg499002#msg499002)
Suggestions?
Sorry to hear, you might check out this previous thread about speeding tickets:
http://ducatimonsterforum.org/index.php?topic=21760.0 (http://ducatimonsterforum.org/index.php?topic=21760.0)
Good luck.
out of curiosity, what was reckless about it?
was it a certain amt over the limit?
was it because there were kids in the car?
were you weaving or sis you cut someone off?
either way, in my completely unprofessional and uintraing opinion i owuld suggest not pleading guilty at the very least.
80 in a 55. Everyone had a seatbelt on. According to the code listed on the citation, it's a straight 20+ mph over the posted speed. (Now had I been in my car, I'm not even sure I could go that fast without a car part flying off [cheeky])
Yes, you need an attorney.
fair price is from 500-1000$ (at least that is what my brother charges in Chicago Suburbs)
I paid 500$ for an attorney for an 98-65 last year.
VA has a stupid definition of reckless. Anything over 20+ over the limit. It's usually not hard to beat, and if you were a local, you might not have been hit with anything but the speeding. The lawyer is up to you, but it's been my experience that if you show up in court, plead not guilty, explain your situation(no accident involved, clean record, kids distracted you, etc.) and ask nicely, the judge will usually drop it to simple speeding. Of course, YMMV.
Are you still in the area?
Wanna take a ride?
In my experience, if you go in and plead not guilty, the judge cuts you off and sets a court date. The date to appear on your ticket is just an arraignment, not a chance to plead your case to the judge.
Quote from: NAKID on August 26, 2009, 01:29:54 PM
In my experience, if you go in and plead not guilty, the judge cuts you off and sets a court date. The date to appear on your ticket is just an arraignment, not a chance to plead your case to the judge.
That is correct.
And then the police officer will come to court.
not advisable to do this way without an attorney and a damn good reason to think you are not guilty.
Quote from: NAKID on August 26, 2009, 01:29:54 PM
In my experience, if you go in and plead not guilty, the judge cuts you off and sets a court date. The date to appear on your ticket is just an arraignment, not a chance to plead your case to the judge.
I guess that all depends where you live. The date on the ticket, which has said (date to appear in court) in the past. Was the date I went to court and contested my ticket. I have never used a lawyer for traffic court. ymmv
Hmmm, odd. My experience is limited to AZ and CA...
According to the officer, the date on the ticket was not an arraignment - it is the trial date. (I work with several hundred attys, so sometimes, even when flabbergasted, I remember to ask a couple things)
Unless they changed things in the last couple of years(always possible), Dolci's right, the date on the ticket is the trial date. Since the law is set up for 20+ over, reckless is a fairly frequent charge here.
I got out of one on my bike several years ago by telling the judge that I wasn't hurting anyone but myself by driving that fast on a motorcycle and that if I wrecked, my punishment would be worse than anything the courts could dish out.
Somehow he bought it!
Working with several hundred attys may have it's privileges. See if one will represent you pro bono...
my court date was my arraignment.
I could plead guilty or not guilty. Not guilty gets me a trial. I plead guilty and ended it.
This was in Ohio, July 2008.
Not sure how you can have a trial without the police officer being there. Who is going to ID you at the scene?
So is every officer coming to every 20+ over in the state of VA? probably not.
Quote from: dolci on August 26, 2009, 02:28:59 PM
According to the officer, the date on the ticket was not an arraignment - it is the trial date. (I work with several hundred attys, so sometimes, even when flabbergasted, I remember to ask a couple things)
Trial Date?
you going jury or bench trial? I believe the sixth amendment guarantees your right to a trial by jury.
therefore.....
If you go jury, who is interviewing the jury to get a proper group of individuals?
Quote from: cyrus buelton on August 26, 2009, 07:05:04 PM
my court date was my arraignment.
I could plead guilty or not guilty. Not guilty gets me a trial. I plead guilty and ended it.
This was in Ohio, July 2008.
Not sure how you can have a trial without the police officer being there. Who is going to ID you at the scene?
So is every officer coming to every 20+ over in the state of VA? probably not.
Ticketing officer puts the date on the ticket. That is his day in court for his tickets for the month, so to speak.
Quote from: cyrus buelton on August 26, 2009, 07:10:14 PM
Trial Date?
you going jury or bench trial? I believe the sixth amendment guarantees your right to a trial by jury.
therefore.....
If you go jury, who is interviewing the jury to get a proper group of individuals?
You are not going to have a jury for a moving violation.
Quote from: kopfjager on August 26, 2009, 07:11:37 PM
Ticketing officer puts the date on the ticket. That is his day in court for his tickets for the month, so to speak.
I see.
So I pleaded guilty without someone identifying me at the scene?
Quote from: kopfjager on August 26, 2009, 07:13:04 PM
You are not going to have a jury for a moving violation.
If the court system follows the sixth amendment then that is your constitutional right, unless there are some other court stipulations which will trump that.
We aren't lawyers.
No right to a jury trial for an infraction...
It's traffic court.
Quote from: NAKID on August 26, 2009, 07:16:16 PM
No right to a jury trial for an infraction...
there we go, answers that one.
Quote from: kopfjager on August 26, 2009, 07:17:42 PM
It's traffic court.
ok?
The police officer wasn't there that ticketed me.
How can you have a trial without officer there? That makes no sense.
Quote from: cyrus buelton on August 26, 2009, 07:19:18 PM
ok?
The police officer wasn't there that ticketed me.
How can you have a trial without officer there? That makes no sense.
If he wasn't there and you plead guilty, well you are........ :D
Quote from: kopfjager on August 26, 2009, 07:21:50 PM
If he wasn't there and you plead guilty, well you are........ :D
Um, sure.
Again, you make no sense.
I plead not guilty.
The Judge starts the trial.
The first thing I am attacking is the radar detector and it's last date of being tested.
Is the police officer that is supposedly there readily pulling this out of his back pocket?
Quote from: NAKID on August 26, 2009, 07:16:16 PM
No right to a jury trial for an infraction...
In VA, reckless is a criminal charge.
Quote from: kopfjager on August 26, 2009, 07:17:42 PM
It's traffic court.
go to a "traffic" court in VA, and you'll have guys brought in while in shackles for certain offenses. VA's court system is different from many. there are not specific traffic courts in most counties.
usually the criminal cases go first, so the guys up for public drunk, domestic violence and such are in and out, then drunk driving, then reckless, then the non-criminal infractions like speeding.
in VA they jail you and you get a criminal record for certain traffic offenses.
I only go from my long history of traffic violations (30+) years ago in Md. I never saw anyone in shackles for traffic court. You go, the PO goes, you plead your case after the infraction is read by the judge. He/ She makes a decision. You pay money, it gets dropped or a portion of both. I have walked out many times.
Quote from: cyrus buelton on August 26, 2009, 07:23:33 PM
Um, sure.
Again, you make no sense.
I plead not guilty.
The Judge starts the trial.
The first thing I am attacking is the radar detector and it's last date of being tested.
Is the police officer that is supposedly there readily pulling this out of his back pocket?
He is in court on said date. He will be prepared, or they will postpone.
Quote from: kopfjager on August 26, 2009, 07:30:36 PM
I only go from my long history of traffic violations (30+) years ago in Md. I never saw anyone in shackles for traffic court. You go, the PO goes, you plead your case after the infraction is read by the judge. He/ She makes a decision. You pay money, it gets dropped or a portion of both. I have walked out many times.
Maryland and Virginia are like different worlds, court wise
My sister-in-law was 6 months pregnant and busted doing 91 in a 55. Spent the night in jail.
They do not make the beast with two backs around.
Quote from: kopfjager on August 26, 2009, 07:32:03 PM
He is in court on said date. He will be prepared, or they will postpone.
Not sure where you live, but isn't how it works in Illinois, Indiana, and Ohio.
I have a court date issued by the officer.
That is my arraignment.
My attorney enters my plea.
Depending on my decision, I go to trial or sentencing.
I chose a guilty plea entered on my behalf by my attorney (I was not present, nor was the cop, no idea if the lawyer has to be there or not).
I showed up for my sentencing date, my lawyer was there, my deal was cut, I paid my money, I went home.
Want me to fax you my paperwork?
Quote from: cyrus buelton on August 26, 2009, 07:35:41 PM
Not sure where you live, but isn't how it works in Illinois, Indiana, and Ohio.
I have a court date issued by the officer.
That is my arraignment.
My attorney enters my plea.
Depending on my decision, I go to trial or sentencing.
I chose a guilty plea entered on my behalf by my attorney (I was not present, nor was the cop, no idea if the lawyer has to be there or not).
I showed up for my sentencing date, my lawyer was there, my deal was cut, I paid my money, I went home.
Want me to fax you my paperwork?
Like I was saying to nakid. All states are different.
Let me ask you this. Did you get anything for your $500, or could you have done that yourself?
It might depend on where you are in Ohio, or who tags you. Towns with municipal courts (esp mayor's courts) often deal with the ticket on the date on the back. I don't know about county, state or larger city courts.
Quote from: kopfjager on August 26, 2009, 07:40:35 PM
Let me ask you this. Did you get anything for your $500, or could you have done that yourself?
That's like rolling the dice.
The court system is a boys club. You pay to play. I paid.
I could have lost my license for a year if the judge wanted to throw the book at me.
I did my research on the judge I was facing; walking in without an attorney was ill advised by several attorneys which my cousin research for me, who is an attorney himself locally.
Quote from: redxblack on August 26, 2009, 07:42:48 PM
It might depend on where you are in Ohio, or who tags you. Towns with municipal courts (esp mayor's courts) often deal with the ticket on the date on the back. I don't know about county, state or larger city courts.
that's where the issue is in this conversation.
Quote from: kopfjager on August 26, 2009, 07:40:35 PM
Like I was saying to nakid. All states are different.
You said that to him on his conversation; you didn't mention that to me when you were quoting and disagreeing with what I was saying.
Quote from: cyrus buelton on August 26, 2009, 07:46:03 PM
You said that to him on his conversation; you didn't mention that to me when you were quoting and disagreeing with what I was saying.
I'm not disagreeing, I'm just telling it like it is/was for me. ;)
Kinda like court. I'm stating my facts, you're stating your's. :D
Quote from: kopfjager on August 26, 2009, 07:47:23 PM
I'm not disagreeing, I'm just telling it like it is/was for me. ;)
Kinda like court. I'm stating my facts, you're stating your's. :D
10-4
Quote from: NAKID on August 26, 2009, 03:27:43 PM
Working with several hundred attys may have it's privileges. See if one will represent you pro bono...
We are doing enforcement of securities laws...as much as they are awesome at what they do, they know nothing about traffic laws.
Now I just need to find an atty
In NYC, and, AFAIK, the rest of New York State, the date on the ticket is when you must either plea or pay. If you plead innocent you get a trial date, no jury. In NYC and some other municipalities there is no plea bargaining, you are either guilty or not. As said before, every state and sometimes municipalities within their state have their own rules. During the federally mandated 55 MPH national speed limit there was one state that was issuing $5 emission 0 point tickets to avoid loosing federal highway funding.
Quote from: howie on August 27, 2009, 05:19:42 PM
During the federally mandated 55 MPH national speed limit there was one state that was issuing $5 emission 0 point tickets to avoid loosing federal highway funding.
Montana
cause they have huge stretches of roads that didn't have speed limits (or they were 85 or 75) and they didn't want to needlessly limit it.
Quote from: ducatiz on August 28, 2009, 04:30:39 AM
Montana
cause they have huge stretches of roads that didn't have speed limits (or they were 85 or 75) and they didn't want to needlessly limit it.
Thanks.
You all talk like people with lawyers get good deals because the court system is rewarding them for paying into the club....like everyone in the system secretly look out for each other.
Most defense attorneys I know hate the newbie snotty state's attorneys and most state's attorneys I know hate defense attorneys.
The deals come because a good defense attorney knows the law and the local court and can force the best for a client. Period.
But everyone loves their conspiracies and believing groups are out to screw them.
Quote from: Statler on August 28, 2009, 09:05:43 AM
You all talk like people with lawyers get good deals because the court system is rewarding them for paying into the club....like everyone in the system secretly look out for each other.
Most defense attorneys I know hate the newbie snotty state's attorneys and most state's attorneys I know hate defense attorneys.
The deals come because a good defense attorney knows the law and the local court and can force the best for a client. Period.
But everyone loves their conspiracies and believing groups are out to screw them.
well maybe that's how it works on the Maryland bar, but here in Virginia, we definitely screw people all the time. take the docket and roll dice in chambers before everyone rolls in. if anyone has a funny looking or sounding client, we make sure they get a full trial so we can all snigger at them...
>:D
Quote from: ducatiz on August 28, 2009, 09:10:10 AM
well maybe that's how it works on the Maryland bar, but here in Virginia, we definitely screw people all the time. take the docket and roll dice in chambers before everyone rolls in. if anyone has a funny looking or sounding client, we make sure they get a full trial so we can all snigger at them...
>:D
[laugh] [laugh] [laugh]
shhhhh. You broke the vow of secrecy. Disbarment for you!
Quote from: Statler on August 28, 2009, 09:13:05 AM
[laugh] [laugh] [laugh]
shhhhh. You broke the vow of secrecy. Disbarment for you!
there is no bar!
Quote from: ducatiz on August 28, 2009, 10:35:35 AM
there is no bar!
sure there is. It's just set pretty low. ;D
Quote from: Statler on August 28, 2009, 10:57:20 AM
sure there is. It's just set pretty low. ;D
speak for yourself! :D