Always Fight A Ticket

DB, I'd like to know how you can justify the last part of your statement. Unless there is mitigating circumstances, a judge raising the fine because someone showed with a Lawyer. Unless there was some mitigating circumstance, there is no justification for that, and I suspect it would violated the 8th Ammendment.

 

I know a legal service that has an 80% success rate in getting tickets dismissed or reduced to a nonmoving violation . They don't deal with the LEO . They settle with the prosecutor before the court date . Things may be different in your jurisdiction . Maybe that's the type court where the 20% unsuccessful is but I really believe that 20% is drivers with prior violations on their MVR .

 

No the judge can do whatever he or she wants to do, lawyer or no lawyer. What you don't realize is inside that courtroom they are God. They do whatever the heck they want. Now, they also have to answer to complaints to a higher authority outside the courtroom if a complaint or inquiry arises. I have seen some rulings overturned, I have seen some appealled to a higher court, but on that day and that moment in time the judge can do whatever they want. Majority of the time when I have seen the fine raised it is because the person has a terrible driving record,they have lied to the judge about their previous history or the acted like a fool in court, i.e. argue with the judge. Believe it or not, some Einstein's will come in there and get confrontational with the judge or cuss the judge. Besides the fine being raised they get a contempt of court charge. Now I just don't have truck driver's coming to court, I still deal with 4 wheelers and the people on complaints for domestics, burgluries or any other service call. Stricker, it also depends on the judge. I've been in front of probably close to 75 or judges and they are all different. Some are tree hugging, some will bust your arse for anything. So there is no way to give a blanket statement on a judge. As far as it being against the constitution to raise a fine, they tell you straight up in open court if they find you guilty the fine can be raised from the pre set amount and they can raise the fine to the maximum amount. That's has been challenged before, and there's is no arguement. If they did something that exceeded the maximum amount then you would have a case. For example, the preet fine was $100.00 but the maximum penlty under the law is say $250.00 and the judge raised it to $500.00. Then you would have an arguement. Maybe I wasn't clear enough before.

 

Rick,

The legal service that I see regularly has a lawyer that is pretty decent. I'll work with them because I like them. If if was a pompous arse lawyer, there would be no deals and I would make them earn their money. And if I do my job correct and dot the "i"'s and the cross the "t"'s it makes their job extremely hard. Granted their is some defendants that I will not cut a break with and amend the charge or not offer evidence on and they have to work. Majority of the time the defenadant does not appear and the lawyer is the only one their on the defense side and they can not testify just ask questions. In my jurisdiction, the attorney can not deal with the prosecutor unless it is a jailable offense most of the time. In fact the prosecutor is not even in the court for traffic offenses. Just the judge, officer, and defendant. But I will agree I do work with the lawyers for most driver's unless they acted like a arse. If the driver was decent I can work with the attorney. The judges recognize this as well, that the defendant went out and paid money to hire an attorney and most times take in account that as well and sometimes lower the fine because of this.

 

Kabar,

Not to bust your chops, but why go out and have to pay $100. Don't get the ticket in the first place and save the $100. That's an easy one there, stay out of the left lane and you would have saved $100. I take it you knew you were not supposed to be there?

 

I dunno if I mentioned this before, but be careful around Atlanta. It says no trucks in left two lanes but there's at least one cop there who will write you for being in the center. She says they do not consider the HOV lane to be a lane.

 

hell, i was wondering about that one. I was accused of misdemeanor assault and battery once (in michigan)....93 day misdemeanor. Still no DA. Just a prosecutor and my lawyer and a judge who was in a good mood that way (...aint no way i'm representing myself on THAT....)

Speaking of, i watched the judge that day amend someone from a "driving while license suspended" ticket to a "allowing someone without a license to drive". the guy just went in, represented himself, and explained to the judge that he was just a few days from getting his license back, screwed up, shouldnt have done it, and is sorry. judge said, "Ok, I'm amending the charge to allowing someone who does not have a license (ie YOU) to drive a vehicle. It won't go to the secretary of state, you'll be able to get your license back and you'll have to pay the fine."

You can't tell me you've never seen a situation where this would be needed. For example,

first of all, part of US20 in indiana is a 4 lane road, and no trucks in left lane. Someone's doing 20 in the right lane for miles. You want me to just stay in the right lane? I follow the spirit of the law in that case (and have done it numerous times)...I get in the left lane, make my safe pass, and get in the right lane as soon as possible without impeding traffic much. I don't hang out in the left lane though. Also, been to rush hour in Chicago? Me being in the left lanes should be the least of your worries! (besides, a cop would have a hell of a time even pulling me over + writing me a ticket without being killed in the process...and neither one of us would ever get to merge back onto the highway either afterwards! ....and the cops seem to know that around there...). I dont act like that outside of rush hour.

You can't be serious. Of course its not a lane. Did you try fighting it? The sign doesnt specify that the HOV lane doesnt count, so I kind of wonder what would happen?

 

I dunno, wasn't me who got the ticket. I've heard similar stories before though. Like another guy who got one for being in the third lane where trucks are restricted to the right two. They counted one of those entrance ramps that comes on, turns into an exit only ramp, and goes back off again at the next exit.