15 over ticket. fight or pay?

Discussion in 'Trucker Legal Advice' started by datnewnew, Jul 16, 2017.

  1. RedRover

    RedRover Road Train Member

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    Can't even lie... I don't do anywhere close to 55 mph in Cali. I drop the hammer right out of the POE and don't even begin to slow down again once the cluster of trucks opens up, until I hit traffic. Even then, I'm weaving in and out of that. #### California. You would think at 55mph you would get the best fuel mileage in Cali, but I never get above 6.5mpg there even with a super light load. No thanks. I'm getting in and getting out if I somehow forget why I hated driving there and screw myself into a Cali load.
     
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  3. Moose1958

    Moose1958 Road Train Member

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    Hiring an attorney to handle ANY charge is a right. I always tell a driver to do a self exam when charged with a traffic offense. Most of the time hiring an attorney is not going to help you come out of a charge without some cost. Most jurisdictions will reduce moving offenses down to none moving charges once an attorney is involved. Most of the time a none moving violation goes against the vehicle not you the driver. However doing this can become rather expensive. Just for the record though. Hiring an attorney is not a panacea that is going to somehow keep you from getting convicted and a serious charge showing up on your MVR. Also not all prosecutors are interested in reducing a charge once they see a CDL holder in a CMV is charged. The cost's of the tickets are higher. This means the jurisdictions make more money. Another thing to be VERY weary of is a lot of states don't allow you access to a jury. The Judge decides guilt. Once these crooks get their hooks in you they tend to not let go, attorney or not. One last thing to remember is most local attorneys are just as dang crooked as the courts are and will promise you the moon while screwing you over.
     
  4. Cat sdp

    Cat sdp . .

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    Fight everything......with a lawyer. You have to ask is a lesser violation or a dismissed charge worth a grand.....
     
  5. I glide 47

    I glide 47 Road Train Member

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    Want to be a truck driver pull it out and slow down
     
  6. aussiejosh

    aussiejosh Road Train Member

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    Unless you can afford to waste a whole bunch of money on an attorney pay the fine its cheaper, unless that's a big unless you can actually prove you weren't speeding or the loss of points or licence could adversely effect your lively hood.
     
  7. TaterWagon#62

    TaterWagon#62 Medium Load Member

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    Wow. There is a lot of angst here about cops and courts. Let's put this in some perspective:

    Cops are paid to enforce laws and they are expected by their employer write traffic tickets. If you get one, it is overwhelmingly likely to be legit and deserved. It is not personal on the part of the cop. There are exceptions, but they are rare. It is personal to you because you are the one who now has a hassle with real consequences to deal with.

    Courts have the job of processing these charges. They really don't have any particular feeling about you or the petty violation you have been accused of. They just want to move the docket along.

    That is why you usually can get a reduction on a ticket. Unless you went all BSC motorist on the cop or the court clerk, or you were really creative in the nature and extremity of your violation, a reduction is quite likely.

    A lawyer knows the court and how to negotiate a reduction, but you can do it yourself. Having an attorney also indicates to the court that you take the ticket seriously and have already spent money on it.

    Many courts will actually, by policy, offer a driving school upon your plea of not guilty and give a standard reduction to a non-moving violation. Some will just mail you a plea offer from the prosecutor for a reduced charge upon receiving your not guilty plea. Some courts will give you a trial date and you will have the opportunity to make a deal before the trial starts.

    Some courts will just set the trial date and make you go to trial. You really need to know and understand the way it works to successfully fight a speeding ticket at trial yourself. You need to understand how radar works, what the standard is for determining speed in the state you are in is, how to request records of calibration and testing of the speed measuring device used and the training records of the officer and then know what the standards are that might have been violated. You need to know relevant case law and procedures.

    Anybody can "fight" a ticket at trial, but "fight" doesn't mean beat. And, just for the record: The ticket won't be dismissed because the officer was rude to you or was a meany or wasn't wearing his hat when he stopped you, or any of a million things I have heard over the years. If you cannot create reasonable doubt as to the validity of the evidence in the judge's mind you will be convicted.

    You need to find out which of these possibilities is the case for your ticket. Do you know how to find out? Call a local attorney that does traffic cases. The reason attorneys that do traffic generally don't charge much for speeding tickets and the like is because they really don't have to put much effort into a reduction and they are probably going to be at the court for other traffic cases on trial days anyway. But they know how each of the courts in their area handle these tickets and that is something you don't know.

    OP, call a local traffic attorney and get a consult. Ask how much and if there are payment options. That speeding ticket has consequences for your future and you need to handle it. Having seen what a pain in the posterior this has become for you I hope you will focus your energy and attention on becoming a darn good driver. You want to drive for a living, that means you have to take it seriously and constantly strive to be better and more consistent at it. Good luck.
     
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  8. magoo68

    magoo68 Road Train Member

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    Borrow a set of bigger tires go get your speedo checked and show court that your speedo was off but it's been corrected .. I'm not sure if it still works but it has worked ONCE in the past for many .. the 2nd time you should know it's off
     
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  9. Jazzy J

    Jazzy J Medium Load Member

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    Legalsheild.com
    Never used them yet but I pay the fee just in case.
     
  10. GrableRnRHotShot

    GrableRnRHotShot Bobtail Member

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    If this is your first infraction in a year and your already had a clean license, MOST states allow a probation period so it will not be on your record. 2. always show up, If for some reason the officer doesn't make it the ticket is thrown out. 3. IF he does show up, Tell the truth and explain you are wanting to do X. If you are passionate and own up to what you did and explain you will do anything else needed to have this not on your record, Community help ex. Some judges might give you the break you need. Good luck
     
  11. TROOPER to TRUCKER

    TROOPER to TRUCKER Anything Is Possible

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    Man I don't know where to start. So short and to the point. Cmon OP you are awfully quick to be the .... geeez carry on.
     
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