Request discovery, lawyer, or not. I got a ticket dismissed once because I didn't get a copy of the radar calibration in my discovery information. Make the court jump through as many hoops as you can, hoping they will trip over one. I have seen a couple of times where the judge gets irritated by mistakes from the court and starts tossing out tickets left and right. I caught on to the radar calibration/discovery deal thanks to a guy in front of me alphabetically, who had a lawyer with him who caught the error. I got up and just parroted what the other guy's lawyer had said, and got out of my ticket. A couple of other guys tried the same trick, but they hadn't requested discovery, so the judge nailed them with the fine.
Just got a speeding ticket.. need your advice
Discussion in 'Questions From New Drivers' started by Blong14, Nov 4, 2015.
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What is discovery?
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Get a local lawyer where you got the ticket. Probably about the same amount as what the fine and court cost will be. $300 now and a good career with a company you want to work for? or go as cheap as possible and have to take what you can get. and follow Xray's advice ...slow down
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Ok, now that the goody-goody types who have NEVER screwed up in their entire lives have had their say, I'll add my bits of advice. Please pay attention.
1) Try to get the ticket reduced. A polite attitude of contrition works very well in many cases: "Yes, sir; No, sir; I'm very sorry sir; It won't happen again, sir (yeah, right *snicker*)
2) LEARN WHERE THE COPS HIDE OUT! Most local bears have preferred hidey holes where they nab us horrible, terrible speedy types. Learn these areas and when to back out of it!
3) As far as "ending your career", HOGWASH! Look, in my salad days I was good for one speeding ticket every three years. And never once did my speeding record hold me back from a driving job I wanted. Heck, I once got a speeding ticket (14 over, my god!) the DAY I got hired by a reputable carrier! Called the carrier as soon as I hit the house and told them, and the DIDN'T CARE as long as it wasn't 15+ over the limit!
To this day I still speed. Or, as I prefer to call it, drive in an efficient manner to reduce time spent in moving from point A to point B. If I get caught, I get caught and pay the consequences. I REFUSE to spend my personal life in the granny lane because "Oh god oh god, I might get caught!" I like fast cars and faster women, and I ain't gonna be a wussy about about either just because it ain't politically correct! -
Being nice and hoping to get a reduced ticket is ok.. I guess.
But you know whats better? Bringing a lawyer, be polite and get no ticket.brsims Thanks this. -
Considering this is my first one in years (at least 5 plus) I wouldn't consider this a trend. More a mishap in judgment.
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Federal law does not allow a judge to dismiss a traffic violation of a cdl holder. It is part of the patriot act, according to my attorney.
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If you have a cdl fight every ticket everytime.
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I'm not a lawyer, so this is a layman's definition, but it is the process where the government has to give you access to everything they intend to use against you during the case. You have to request it before the case would go to trial, I'm not sure exactly when, but I start hounding them early and often. It gives you an opportunity to see what evidence they have and intend to use.chris886 Thanks this.
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About discovery. Your definition is OK but a bit incomplete. Anytime there is a court action either civil or criminal the parties involved give each other their evidence. Do you remember the Duke rape case out of Durham NC? One of the reasons Michael Nifong the DA got disbarred was he violated state law by not giving the defense attorneys the exculpatory evidence he had in his possession. In layman terms he had evidence clearing those boys and did not give it to the defense in violation of state discovery laws.
http://legal-dictionary.thefreedictionary.com/Discovery
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