Speeding ticket, "fight it yourself" question

Discussion in 'Experienced Truckers' Advice' started by Krom, Sep 20, 2011.

  1. Krom

    Krom Light Load Member

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    Sep 16, 2010
    Bumville, USA
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    I got 66 in 55 ticket in Ohio. I don't recollect my speed, it was just a 30 secs (+/-) mind wandering off while foot kept on pushing a pedal at 2 am, other than that I was doing pretty much close to 55 (what a luck), and the trooper could not miss that fact (I guess) since I couldn't see the trooper in the dark to try to slow down just for him. Truck is governed at 65-. But speeding is speeding even if it's 30 seconds long. First, I was going just pay $150 (total) so I wasn't thinking along the lawyers and going to court, I'm so used to sign, mail & pay. Then I changed my mind. I have an Ohio CDL and I live just 30 miles north of Upper Sundusky, my employer is giving me 1 paid day to go to the court, but it's too late for a lawyer. So it's "do it yourself". I have a clean record for the past 4.5 years. I would settle for any "slack" be it 8mph or even 9. The question is, how to get it?

    I never been to a court before, so

    1) Will the judge even listen to me after I "plead guilty" or he just rubber stamps 66mph & fine
    2) What happen after I plead "not guilty", another court date or a quick interrogation followed by 66mph & fine?

    3) How to plea the Judge correctly? How many seconds will I have to make my plea?

    Anybody knows? Anybody represented himself in the traffic court?
     
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  3. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    We use to plead guilty "with an explanation" years ago. The Judge usually reduced the fine or charge when doing so. This was in Ca. Of course if you get Judge Judy, it won't matter. You can talk to the public defender BEFORE you go before the Judge and get a feel for his courtroom.
     
  4. dave26027

    dave26027 Road Train Member

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    Representing yourself is known as "Pro Se". If you aren't a Lawyer or in Law school, or at least have experience in a Law Office as an assistant, YOU WILL LOSE.

    I used to look forward to humiliating motorists that represented themselves in Traffic Court if they gave me a lot of verbal abuse in the traffic stop. I usually wrote EVERY word they said on the back of the ticket. One idiot threatened my job and said his family owned the City Judge. In Traffic Court he had to face that judge and Hizoner was NOT entertained. Oh- he lost, he was trying to represent himself. Pre-Law students are in the "Don't Ever Represent Yourself" bunch, too.

    GET A LAWYER. Ask for a later court date, waive your right to a speedy trial, make up a good sounding excuse- but don't even attempt to go Pro Se, you'll go down in flames.
     
    Lonesome Thanks this.
  5. fortycalglock

    fortycalglock Road Train Member

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    Tourist Town, FL
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    Wow, I've represented myself all but once in court. That one time with the lawyer, I got the worst deal. From what I've seen, most cops will find you before the hearing and ask you what you want. Pre trucking, it was to keep points off my license or get court ordered school as I hadn't met the year between school requirement. Once it was because the charge was bogus, I pulled a Matlock according to the judge, and was found not guilty. Post trucking, I got a speeding ticket in my personal vehicle in NY, and had it turned into two parking tickets. I got a 72 in a 55 going down a hill in Jersey, with 43k in the box. Hired an attorney for $600 and got it knocked down to a 69 in 55, thus not being a major violation. If I'd gone there by myself, I think I would of done better.

    Of course, I was always very cordial and nice to the officers writing me a ticket with the exception of the officer with the bogus charge. To him, I said I'll see you in court!
     
  6. Big Don

    Big Don "Old Fart"

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    OK, keep in mind that not only are each state's laws a bit different, so are the way their courts are operated. In fact, each magistrate has different things they do in their particular court room.
    Personally, I recommend fighting a ticket only if you really believe you did not deserve it, but that is just my personal opinion.

    In the court rooms that I have been in, yes they will listen. As long as you are respectful and have some valid information to offer. (I don't recollect my speed is NOT valid information, even though it is true. You have just admitted that you don't know WHAT you were doing. The officer is claiming that he DOES know what you were doing. Sort of makes the judge's decision easy here.)
    In this case, in the courts that I've had experience with, you will have a trial date set. At that time, you may appear, or you may have an attorney appear in your absence.
    In my experience, these are not a "timed" thing. Again, as long as you are giving pertinent information they will listen. If you begin repeating yourself, rambling or demeaning the court, the cop the system in general, they will cut you off.
    I've never represented myself as a defendant in court.:biggrin_2559: However I've written enough tickets and gone to court to know a bit about what I'm talking about. But keep in mind, that as I said in my first paragraph, things are different in different places.
     
  7. 123456

    123456 Road Train Member

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    How can anybody NOT afford an attorney,

    to protect your career ?????

    :biggrin_25513:
     
    BigJohn54 Thanks this.
  8. dave26027

    dave26027 Road Train Member

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    THAT was a job well done- more than once.

    Lawyers make a lot more money than we do, (HINT,HINT)
     
  9. Lonesome

    Lonesome Mr. Sarcasm

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    I agree, get a lawyer if you want any chance of beating this.
    I went to court about a year ago, got tickets for no inspection on the truck, and no fuel sticker. Cop wrote a warning for 61 in a 50, the reason he pulled me over. I was cordial and polite to the cop.had no problems there.
    When I got to court, DA told me if I fight this, she would turn the warning into a ticket. Fought it anyway, ended up losing.
     
  10. G/MAN

    G/MAN Road Train Member

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    I have won a few tickets in my younger years without a lawyer. I don't recommend it in this business. It usually comes down to two things. You don't want to have anything on your CDL that could harm your career. The cops and court want your money. Unless you have given the cop a hard time there is a good chance that you could get the charge reduced to something that will not hurt your CDL. You may not get rid of the fine. I got a ticket once and got the judge liked the way I presented my case. The charge was dismissed but still had to pay the fine. Like I said, they want your money. It is usually easier to get something worked out with a lawyer. He understands how the system works and usually is acquainted with the opposition. In a traffic situation you should find a lawyer for about $400-500. It has been many years since I got a ticket. I keep my speed down and don't give them a reason to look at me. My wife tells me that I drive too slow, sometimes. When we were first married, she would tell me to slow down. Your best bet is to see if you can get a postponement so you can get a lawyer to represent you.

    I have a friend who got 3 tickets within a few months. He found it difficult to work for almost 3 years until the tickets dropped off his mvr. You cannot afford to let a speeding ticket go down against you.
     
  11. THBatMan8

    THBatMan8 Road Train Member

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    Wherever I park
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    How can anyone not pay attention and speed? The best defense from tickets starts with your driving habbits.

    Speed limit 55 mph? Set the cruise control to 50, to give yourself a 'buffer zone' on rolling hills. Going down a hill isn't a excuse to speed. Neither is not paying attention.

    To the OP:

    Pay the ticket. You're not going to win this one, even with a lawyer. Judges aren't that lenient to CDL holders, because we should know better.
     
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