First Time Speeding Ticket

Discussion in 'Questions From New Drivers' started by astn, Jun 29, 2021.

  1. Moose1958

    Moose1958 Road Train Member

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    This is what I would do in your situation. I would NOT make any decisions until your actual court date. Wait and speak to the person that will actually be prosecuting you. In some VERY LIMITED situations, this is just the officer himself. I think this is what @Cattleman84 was trying to say. In this situation, some photos of the area might be enough to get the judge and the officer to reconsider. I have found that an offer to plea to a reduced charge can be enough to get an already overworked DA type to work with you. I got two BS tickets in Habersham County Georgia in 2008. I was still mad as heck the day I copped my NOT GUILTY plea and DEMANDED a trial by JURY! I won my case, but it did cost me 3 days of work. YOU MUST take EVERYTHING into account when you make these decisions.
     
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  3. Moose1958

    Moose1958 Road Train Member

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    Not with this kind of charge. It's still an open case. You are clear to go on and work. If you do get convicted, list the conviction on your yearly report the carrier must make. They will either send you a form or give you one by hand.
     
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  4. special-k

    special-k Road Train Member

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    Follow Ridgeline and Cattlemen's advice and save your money for bigger issues. Btw l wouldn't say anything about bigger tires and the possibility that your speedometer is off due to something you did to the vehicle. That never ends well lol. Good luck on it.
     
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  5. REALITY098765

    REALITY098765 Road Train Member

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    IDK just from the limited information here it sounds like the officer was under pressure to write more tickets and was writing tickets for anything to see what sticks.
    Was the 25mph sign regulatory or cautionary?
    If it was regulatory then it's going to be difficult to beat.
    If cautionary that's a little easier. and I don't believe the penalty is as severe.
     
  6. Frank Speak

    Frank Speak Road Train Member

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    NEWSFLASH: The cop does not always have to show up to court. In fact, often they don’t for minor crap. They just have phone conversation with the DA. I know this because a lot of my friends and both my son in laws are cops.

    Just recently, one of my daughters and SIL were visiting us for a week. My SIL had 2 different calls with the DA that week. He just gave recorded sworn statements for both.

    Just thought I’d point that out in case you’re planning on counting on the “The cop didn’t show up” defense.
     
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  7. Moose1958

    Moose1958 Road Train Member

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    I'm glad you made this comment because it triggered a memory. One of the primary reasons (pro-se) cases fail is because the average joe is ignorant of how courts work. You can get railroaded by the process IF you are not a bit court savvy. You should NEVER go into a trial without first getting and serving on the arresting officer and/or their dept what is known as a "subpoena duces tecum" This MANDATES the officer be in court AND also bring into the court things like their body or car cam video. Don't just go asking for a subpoena either. Most court employees are under STRICT rules about helping people with these things. You ask for the correct document. I went through this back in 2008 in Habersham County. I went into the clerk's office and asked for and got this subpoena and then took it and actually served it on the Habersham County Sheriff. At trial, I had this video and the deputy was there.
     
  8. astn

    astn Bobtail Member

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    It's regulatory because the rest of the street up to the light is all 25mph. It just starts at the curve, the road goes from a straight line at 35mph into a direct 90 degree at 25mph, goes past a few businesses and then up to a stoplight. He was sitting in the parking lot of one of the businesses mid curve.

    I know that was the case and I only say that because I was driving my friend's vehicle. I took it down to Florida to go to CDL school. Cop pulls me over and the first thing he says is whats with the tags? I said well I'm originally from Minnesota but i'm down here for CDL school. He says you know in the state of Florida you have 10 days to switch it. I said it's not my truck, the only reason my license is in Florida is that I came here to go to school. He asks for registration insurance, I hand him the paperwork and tell him I have to pull up my insurance on my phone. He said okay let me run this and ill be back. He's gone for a bit, assuming making sure the truck wasn't stolen etc. Comes back and says, you have the insurance? I said hold on, still trying to pull it up. He's like, "had you been in an accident, I would have to write you for no proof of insurance too but Ill let it go for now." Proceeds to once again tell me that if i'm the primary driver that I need to switch the tag to Florida. I tell him I do not own the truck so I can't just switch it into my name. He then proceeds to tell me he understands that I'm going to school for my CDL and he originally clocked me at 40 but that's why he's writing me for 39. He entered the conversation about my tags which I assume that's what he was trying to bust me for, didn't pan out, and then comes back to my window saying he was writing me for a speeding ticket instead but he was "cutting me a break". Mind you, I have a completely clean record, I don't speed, didn't think I was speeding but to him he said I didn't slow down fast enough and that's where it's kind of just his word vs mine.

    After you get off the end of the street, there's a big electronic construction sign that says "Drive safe speeds, we will catch you" thats pretty new to the area in the last week or two. Don't want to say quota but definitely were told to just start busting people in the area. The worst part is I drove by that spot 5 minutes earlier and saw the cop had some lady pulled over.
     
  9. astn

    astn Bobtail Member

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    Do I need to disclose to them that I'm dealing with this when they hire me? Or when do you usually fill out these yearly reports?

    I just don't want to up at a company, things don't work out in my favor in the courts and then I get fired because of my first ever speeding ticket.
     
  10. Moose1958

    Moose1958 Road Train Member

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    No, it's still an open case. Just wait until you do your yearly update. Stop worrying, you are fine either way!
     
  11. roundhouse

    roundhouse Road Train Member

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    I’d recommend getting a lawyer and fighting any and every traffic ticket

    keeping your record clean is very important.

    I got a couple of speeding tickets and the lawyer usually was able to do a plea bargain when I pleaded guilty in exchange for a 12 month suspended sentence .
    If I didn’t get another traffic ticket in 12 months in that jurisdiction, then the first one was dismissed.

    of course I had to pay the lawyer , pay the ticket and make a $150 “ donation “ to the Scott county Missouri Crime Reduction Fund . Whatever that is . Probabaly the booze fund for the cops Christmas party .

    the only ticket I paid without going to court was when I was bobtailing one block away from my destination and fell asleep and hit a police car.
     
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