I don't know where else to get advice on this, so I'm hoping someone here can help, or at least point me in the right direction.

Two months ago, I was going to get some food when an officer started following me because I have a fixed up S2000. He then pulled me over and ran several searches on me and the car. Afterwards, he wrote me a ticket for failing to signal a lane change. Afterwards, I signed up for a jury trial.

I had a pretrial hearing today with the prosecutor, and he proceeded to tell me they only do 4 jury trials a year, and that he could cut me a good deal on fines, and give me defensive driving, or probation, if I paid my fines, all to keep it off my record. I have a clean driving record for what he can see. It bothers me a lot that he kept offering ways to just avoid the trial, but to keep it off my record.

I know I signaled my lane change, but the prosecutor himself told me he doesn't signal lane changes, and he gets off telling me that I have to signal 100 ft before I change lanes. There was no one else who saw this, so it's basically my word against his. Any tips or advice for my defense or the trial? I really thank you for any help.

Jason

 

If it'll stay off your driving record and insurance, then take the deal and pay any fines. That's a no brainer!

Just make sure of what he's offering. Here in SC they will be "generous" and "help you out" by cutting the fine, but the points still go on your driving record and on your insurance.

IMO, you'll lose a jury trial, but it's certainly your right to have one and give it your best shot. They may see that you're telling the truth.

Good luck!

Edit: It's not unusual for the prosecutor to want to avoid trial. Don't assume it's because he is worried he can't win. Trials like these are a pain--they kinda rank at the bottom of the list of importance.

Hopefully a fellow attorney from the TX Bar will chime in and give you advice that is actually helpful!

 

Probation? For a driving infraction? That's incredible.

 

[QUOTE]Originally posted by Malu59RT
[B]There was no one else who saw this, so it's basically my word against his.

 

speedfreakgc,

he may actually get a jury trial. some states do hold them for traffic offenses. you can demand one here in sc.

as far as the judge always siding with the officer, that's bs. most of the cops are decent guys who do the best they can--which includes making mistakes. they don't generally get up on the stand and just tell lies. they write thousands of tickets, are in court constantly, and generally aren't going to lie about a low-level traffic offense. and i can assure you that the judges and the prosecutors know which cops can and cannot be trusted. it's not unusual for a prosecutor to cut a deal or drop the offense down to a non-moving violation if they don't trust the officer.

and that's not merely my opinion, either. it's what i personally observed when i was prosecuting people like you and malu59rt. i know it varies from state to state, but hopefully malu59rt is in a decent jurisdiction.

 

I guess the attitudes of police differ from place to place (which I can understand), but where I live, 99% of the cops I come in contact with are power hungry and use their authority to make up their shortcomings.

Back when I was 19, I fought a ticket for racing thinking that since I REALLY didn't do what I was being accused of, that justice would prevail. In court the cop blatantly lied directly in front of me to the judge as to what actually happened that night.

Maybe all cops aren't corrupt, but I would not bet one to divulge that they made a mistake and let that harm their reputation with the judge. Why would an officer right a ticket if they did not truly observe the crime? ...becuase they are shady.

I also fought a ticket for driving without my lights on. It was dusk, I had my parking lights and fog lights on. 90% of the other cars on the road had their lights off as well. I explained to the officer that I was sorry and that I had just picked up my GF from work and turned off my headlights while waiting for her (the Truth). He wrote me the ticket anyway. I ended being personally reprimanded by the judge and slapped with additional court fees on top of the original fine.

Malu59rt - Do what you want, but don't expect any sympathy from judge and especially the officer.