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Pleading down a speeding ticket
about a month ago I got a ticket for 44 in a 30 at 5:30 in the morning. It's a 4 lane industrial park road, most is 40 but a small section is 30, I think because of a curve with park building driveways attached. At 5:30 it's desolate. During the day the 30 might be appropriate with cars going in and out. I thought I was going to get a warning but got a $145 ticket. That I don't care so much about. Insurance possibly going up and if I ever get stopped "legitimately" for speeding, it's a guarantee for a ticket, though I think most are these days as the revenue is good money I'm sure.
Anyway, sent in the ticket for a court date but thanks to covid it's a zoom meeting. It's been at least 10 years since my last ticket. Last one was in Indiana where I had to pay for a lawyer. Is there someone I can ask to see at the courthouse before the 11th to plead down the ticket to a nonmoving violation but pay the $145? Who is this person? Do they still do this? My only defense on zoom is it was 5:30 in the morning and the short 30 leads to the 40. There must have been something in a newsletter each town gets as I saw two more cops this morning, one at 4:45 and another at 5:30 in different locations. People are just going to work. WTF. |
What about traffic school?
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My experience
1 - traffic school - usually the easiest option that you can usually request right away without going to court. Here in Texas if you take traffic school and then request your driving record, the ticket is still there, but the points are reported as "0" (at least, that was my experience years ago). 2 - deferred (disposition/adjudication) - I think this is the best option, at least in my experience. In this case, you usually need to go to a court date, but in some cases may be able to talk to the prosecutor ahead of time. In this case, they'll say "don't get a ticket in X amount of time and we'll dismiss this ticket." (could be 3 months, 6 months, whatever) In my experience, you can usually actually get tickets as long as the final disposition of the ticket is dismissal or completes after the time period. In one case, the judge said "cannot be cited for another ticket". But, once the time period completes, the ticket goes away and does not show up on your driving record. It's like it never existed. Obviously, away from where I've had experience (and potentially even different here now) the details may be very different. It's been many years since I had to deal with this. In my younger days, at times, I got more tickets. In both cases, "they" generally want to get paid, so the "deferred" option usually costs about as much as the ticket. |
If you can meet with the presiding DA or whomever represents the town you may be able to plead it down.
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Traffic school a couple of times ... they get their $. Next county over didn't offer that .... went before the court "officer" (not even an Asst. DA in a courtroom), just a magistrate, and he reduced it down to something that didn't impact my insurance. Good luck! |
Talk to your insurance broker. If you reduce this infraction to another, less expensive, 'moving violation' that still goes on your record, and it might be pointless.
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you might be able to get a stay on the ticket. ive done this before.
the deal is that they will give you a 1 or 2 year stay ... ie, the ticket isnt an issue, you dont pay, it doesnt show up on your record, unless you get something else. and then both will show up. |
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What violation number was written on the ticket? What does it say in your State vehicle code for that violation? For example: Speed above what is safe.
Being cited for 14MPH over is about right. Our City used 13MPH over and now uses 15MPH over for the "trip" point. |
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Most cops I've known won't light someone up for going less than 15 over .... and will write it for 14 over. Technically .... here in NC, a ticket in any state for 15+ over "should" be lose your license time .... that's a joke too. It's all about the $$$.... |
In Texas, deferred adjudication is a common option if you ask for it. You pay the full amount of the ticket sometimes plus more, I've heard from $50 to $300 over the ticket amount. Then you're on probation for whatever the court calls for, I've seen from 30 to 180 days. This way the court gets the money and it doesn't show up on their records or yours. My understanding is the became more common when the state started cracking down on speed trap towns.
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44 in a 30 is almost 50% over the speed limit.
Be careful you don't piss of the judge. |
I didn't see anyone mention it, but the traffic school is online and you can start and stop it at your convenience because it takes a couple hours. (in MI anyway)
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Section 17. No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public. Unless a way is otherwise posted in accordance with the provisions of section eighteen, it shall be prima facie evidence of a rate of speed greater than is reasonable and proper as aforesaid (1) if a motor vehicle is operated on a divided highway outside a thickly settled or business district at a rate of speed exceeding fifty miles per hour for a distance of a quarter of a mile, or (2) on any other way outside a thickly settled or business district at a rate of speed exceeding forty miles per hour for a distance of a quarter of a mile, or (3) inside a thickly settled or business district at a rate of speed exceeding thirty miles per hour for a distance of one-eighth of a mile, or (4) within a school zone which may be established by a city or town as provided in section two of chapter eighty-five at a rate of speed exceeding twenty miles per hour. Operation of a motor vehicle at a speed in excess of fifteen miles per hour within one-tenth of a mile of a vehicle used in hawking or peddling merchandise and which displays flashing amber lights shall likewise be prima facie evidence of a rate of speed greater than is reasonable and proper. If a speed limit has been duly established upon any way, in accordance with the provisions of said section, operation of a motor vehicle at a rate of speed in excess of such limit shall be prima facie evidence that such speed is greater than is reasonable and proper; but, notwithstanding such establishment of a speed limit, every person operating a motor vehicle shall decrease the speed of the same when a special hazard exists with respect to pedestrians or other traffic, or by reason of weather or highway conditions. Any person in violation of this section, while operating a motor vehicle through the parameters of a marked construction zone or construction area, at a speed which exceeds the posted limit, or at a speed that is greater than is reasonable and proper, shall be subject to a fine of 2 times the amount currently in effect for the violation issued. Except on a limited access highway, no person shall operate a school bus at a rate of speed exceeding forty miles per hour, while actually engaged in carrying school children. |
quick googling says traffic school and deferred adjudication aren't options
I haven't sped all that much, well I have but Waze has been fantastic. That and brake lights a mile ahead have done me good. 30 years ago I was in court for speeding and it was my birthday. Judge gave me a present. |
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