good enough mistake? (speeding ticket)
#12
RE: good enough mistake? (speeding ticket)
Thanks for the help guys. My uncle is an officer, and recommended that i ask to speak to the prosecutor prior to or the day of my court date, and basically see if i could get it knocked down to an equipment violation and agree to pay the fine, as long as i get no points. He said i've basically got 3 options:
1) Pay the ticket, take the points, go on my merry way.
2) Chance it that the cop isn't going to show at the court date.
-If he doesn't show, it'll prolly be dropped.
-If he does show, it'll still be dropped, but he then has the full 6 months to re-issue the corrected ticket. Worst case scenario, i pay the same fine that i already owe.
3) Barter with the prosecutor
-Outcome A, he agrees, i get no points, pay the fine, everyone's happy
-Outcome B, he wants to take it to trial (Not likely, as there is no arguing that the ticket is f*cked up.)
So it sounds like i'm gonna try and talk to the prosecutor. Might see if i can get ahold of one of the traffic lawyers around here first, but i've pretty much decided it'll at least be worth the experience to fight it lol.
1) Pay the ticket, take the points, go on my merry way.
2) Chance it that the cop isn't going to show at the court date.
-If he doesn't show, it'll prolly be dropped.
-If he does show, it'll still be dropped, but he then has the full 6 months to re-issue the corrected ticket. Worst case scenario, i pay the same fine that i already owe.
3) Barter with the prosecutor
-Outcome A, he agrees, i get no points, pay the fine, everyone's happy
-Outcome B, he wants to take it to trial (Not likely, as there is no arguing that the ticket is f*cked up.)
So it sounds like i'm gonna try and talk to the prosecutor. Might see if i can get ahold of one of the traffic lawyers around here first, but i've pretty much decided it'll at least be worth the experience to fight it lol.
#13
Join Date: Jul 2006
Location: Newcastle, N.S.W. Australia
Posts: 2,473
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RE: good enough mistake? (speeding ticket)
The obvious weakness here would be, if the officer made a clear error in filling out the correct details of your speeding violation, then in all probability (as far as your defense is concerned), Then he could/would have been in error as to you exceeding the speed limit in 1st place.
It not just a technicality, you have proof that his mind was not on the job.
It not just a technicality, you have proof that his mind was not on the job.
#14
RE: good enough mistake? (speeding ticket)
It is traffic court, and I dont know how it is in Tennessee but here in Alaska, Texas, Idaho, and Oregon there is no prosecutor for the cases. It is basically You v. The Cop. If the cop shows up than the judge will here both sides and render a verdict. If you dont show up they will issue a default judgement plea, and if the cop doesnt show up it is case dismissed. That is how it is in all these states so I cant see why it would be much different there. Either plead not guilty and you will get a court date or plead guilty/no contest and pay the ticket. Most states also wont allow you to take a defensive driver course to help with points unless you have gotten a ticket. So dont go that route until you absolutely have to.
I just got a ticket 3 weeks ago so I am pretty fresh on the traffic court scene.
I just got a ticket 3 weeks ago so I am pretty fresh on the traffic court scene.
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#19
RE: good enough mistake? (speeding ticket)
ORIGINAL: isolated1523
It was an alabama ticket, and i'm actually legally an ohio resident....so i don't know how it'll go lol.
It was an alabama ticket, and i'm actually legally an ohio resident....so i don't know how it'll go lol.