Originally Posted by Jeff Higgins
Lots of advice being given here, of course, but none of it seems to apply to your particular jurisdiction. All states are different, that much has already been mentioned. In light of that, I think it might be important to get to know and understand the "landscape" in your particular jurisdiction.
About the only way to do that is to consult some traffic attorneys practicing in your jurisdiction. Many will provide free consultations, no obligation. From these consultations you should be able to glean what, if any, chance you may have in court, prior to court with the DA, or any other options.
Here in Washington, for example, you would be left with the impression that you, as an individual representing yourself, have essentially no chance whatsoever of prevailing. Not in any sort of a pre-trial bargain with the DA, and certainly not in court. You would be left with the impression that our system, in this state, is so horribly corrupt and revenue driven that your only chance will be to hire a lawyer. And you would be right.
I recently did just that. I got a b.s. ticket much like yours, except mine was 20 miles from the nearest town or, for that matter, intersection, out on a very lonely country road. 10:00 am on a weekday. Literally not another soul went by in the fifteen minutes it took for the officer to write me. Not a one. Not a structure in sight. Nothing but barbed wire and cows. Wrote me for 51 in a 35. Hell, I periodically follow the school bus on that road at 60 mph. Just no reason for it to be marked at 35 mph, other than to collect revenue.
One would think one could "reasonably" argue such a thing in court. Not a chance. My traffic attorney will not even attempt that approach. The only thing she does is look for some manner in which the officer failed to "cross all of their 't's' or dot all of their 'i's'". That is her only hope - paperwork or procedural errors, and she makes that very clear. Arguing the actual merits of the case is fruitless. Never win. Fortunately, the paperwork is so onerous that she can always find something. I cannot. I don't even know where to look. She does, so it's worth it to me to pay her to do so.
Hopefully your state is not nearly as corrupt as mine when it comes to traffic law and enforcement. If it is, however, your only chance will be someone who knows the game. You should find out if that's the case.
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