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-   -   How to offer a plea bargain? (http://forums.pelicanparts.com/off-topic-discussions/657001-how-offer-plea-bargain.html)

speeder 02-10-2012 08:15 AM

If I ever give up the speeder name here, it's yours George.

gtc 02-10-2012 08:23 AM

Get a lawyer. The courts (at least around here) are a joke and have abandoned due process in favor of cronyism.

Arizona_928 02-10-2012 08:26 AM

Quote:

28-701.02a2

A. A person shall not:

1. Exceed thirty-five miles per hour approaching a school crossing.

2. Exceed the posted speed limit in a business or residential district by more than twenty miles per hour, or if no speed limit is posted, exceed forty-five miles per hour.

3. Exceed eighty-five miles per hour in other locations.


B. A person who violates subsection A of this section is guilty of a class 3 misdemeanor.

C. A person charged with a violation of this section may not be issued a civil complaint for a violation of section 28-701 if the civil complaint alleges a violation arising out of the same circumstances.

I have had one other ticket last year, but driving school cleaned that one up.

Joeaksa 02-10-2012 09:10 AM

Just how fast were you going?

Eric on this forum got caught going over 100 in Snottsdale and they threw the book at him even with a lawyer. He ended up getting off with something lighter but still was not happy at the $$ spent on the lawyer.

Brando 02-10-2012 09:13 AM

So, was this on the bike or in the 928?

Eric Coffey 02-10-2012 11:52 AM

Quote:

Originally Posted by Joeaksa (Post 6549711)
Just how fast were you going?

Eric on this forum got caught going over 100 in Snottsdale and they threw the book at him even with a lawyer. He ended up getting off with something lighter but still was not happy at the $$ spent on the lawyer.

Uh, that's the last time I tell you anything in confidence Joe!

Yes, I got nabbed on a 100% BS scenario (trying to avoid a would-be road-rager who turned out to be an IA cop in an unmarked car, having a bad day). I was pissed and wanted vindication, so I hired the best lawyer in town ($6k+). Short version is that it didn't make any difference whatsoever. Actually that's not true. I would have been better off WITHOUT a lawyer in my case. The civil/criminal traffic kangaroo-courts here will get their pound of flesh regardless. We had a SLAM DUNK case, with conflicting police reports, ridiculous policy violations by the officer, admission of fault/non-compliance with pacing procedure on the stand by the officer, a non-calibrated un-marked car used in a "pace" and on and on (just the tip o' the iceberg). The guy was an IA supervisor that hadn't made a traffic stop in over a year.

None of it mattered. I would have been better off talking with the prosecutor myself and cutting a deal. I would have saved $6k+ and had a better outcome.

The prosecutor was good, and as always, had the final "say" (closing) to the jury. Just remember, even with jury selection, you are dealing with the handful of people out of the entire jury-pool that weren't smart enough to get out of jury duty. Oh, and if you think you have a strong enough case and want to waive your right to a jury trial, think again. The prosecutor will shoot that down immediately.


Levi: Feel free to PM me if you want to discuss further.

Eric Coffey 02-10-2012 11:55 AM

Quote:

Originally Posted by dondarnell (Post 6549132)
That's crap. Go to court and tell the prosecuter and cop that you want a deal or you get a lawyer. Be nice. Be very nice. Unless your a crimewave, they should cut you a deal. BTW, I'm a lawyer.

+1

Hindsight being 20/20 that is exactly what I would have done. Considering the case-load of most city prosecutors, I'm sure they would much rather plea you out than go to trial (especially on criminal traffic). Unless you are 100% not-guilty and want to fight it on principal, go talk with the city prosecutor's office. YMMV.

ramonesfreak 02-10-2012 12:09 PM

the case load has nothing to do with it. prosecutors come to court with their cases prepped and ready to go. the plea bargaining usually happens at court, minutes before the trial. the prep work has already been done. sure sometimes a plea gets worked out long before hand but not usually because of a number of factors, like defendants not hiring the lawyer until the last minute etc...

its about risk aversion*. like i said above, they would rather collect some $ than risk losing the case entirely and not getting any $.

it only takes about 10 minutes to conduct a speeding ticket trial and probably about the same to prep the case

*Risk aversion is a manifestation of people's general preference for certainty over uncertainty, and for minimizing the magnitude of the worst possible outcomes to which they are exposed.

Eric Coffey 02-10-2012 01:16 PM

Quote:

Originally Posted by ramonesfreak (Post 6550108)
it only takes about 10 minutes to conduct a speeding ticket trial and probably about the same to prep the case

Uh, no. A criminal traffic case (at least one that warrants an attorney) can/does take all day. We are talking initial contact, motions eliminae, voir dire, opening arguments, plaintiff/defendant/witnesses testimony, cross & re-directs, breaks, closing arguments, jury deliberation, etc. etc. That doesn't even include sentencing (if guilty), which is usually another court date/appearance.

ramonesfreak 02-10-2012 01:30 PM

thought we were talking about a speeding ticket, of which i have handled a few in my day

DWI, yea

Arizona_928 02-10-2012 03:10 PM

Quote:

Originally Posted by Dueller (Post 6549391)
Wonder if it was in the 928 or the Gixxer?

I was on my bike.

The police officer was quite upset, and rough. When he finally stopped behind me, he rushed me and tried to hand cuff me while I was still on the bike. The hand cuffs wouldn't fit over my gloves and jacket sleeve, so he threaten to kill me if I moved. :eek:

Joe Bob 02-10-2012 03:16 PM

Driving while young and on a crotch rocket and being caught by an officer that hates them......I feel yer pain.

ramonesfreak 02-10-2012 07:38 PM

Quote:

Originally Posted by AZ_porschekid (Post 6550498)
I was on my bike.

The police officer was quite upset, and rough. When he finally stopped behind me, he rushed me and tried to hand cuff me while I was still on the bike. The hand cuffs wouldn't fit over my gloves and jacket sleeve, so he threaten to kill me if I moved. :eek:

huh?
you were speeding on your bike and the situation got to the point where the cop threatened to kill you? i would say the cop should have a bigger problem than you. did you file a complaint? do you think that a threat of death is justified simply because you were speeding and some cuffs didnt fit or because the cop doesnt like bikers? i dont. i would have called the newspaper by now as well as written to his supervisor, the mayor, the police commissioner, my congresspersonidiot and TMZ.

something is either fishy or you got F'd. go get a free consult by a lawyer

Joeaksa 02-10-2012 08:20 PM

Quote:

Originally Posted by Eric Coffey (Post 6550071)
Uh, that's the last time I tell you anything in confidence Joe!

Levi: Feel free to PM me if you want to discuss further.

You posted it here on the forum so everyone knew or so I thought!

Sorry if you were trying to keep it under wraps but we all knew about it.

look 171 02-10-2012 10:13 PM

Quote:

Originally Posted by speeder (Post 6549502)
First thing to do is research the VC code of the violation you were written for. Post it and what they wrote on your ticket if you want. Sometimes you'll get lucky and the cop wrote you for the wrong thing, it's happened to me before. Case dismissed.

Cops have spell my last name wrong and I still got ding for it in court.

fingpilot 02-11-2012 04:03 PM

Mr. FixitTicket in San Diego. His billboards are all over the southwest.

Best $100. I ever spent.

He extended it over a year until the trial date was 2019 or something like that. The judge decided one morning to 'clear his docket'. I was dismissed.

Arizona_928 02-16-2012 10:38 AM

I went to my court date early. I ended up talking bikes with the DA, and then went into court.

The judge was quite nice and explained worse case scenario, and said It's very unlikely. She wouldn't let me do anything; she insisted on waiting for the deposition for what they have, and in turn pleaded myself not guilty. weirdddd.

Anyways I have another court date in three weeks.

Joeaksa 02-17-2012 03:17 PM

Good that they are friendly.... now SLOW down!:)


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