Speeding ticket question
11-27-2000, 12:20 PM
#1
Registered User
Thread Starter
Join Date: Oct 2000
Location: West Bend
Posts: 341
Likes: 0
Received 0 Likes
on
0 Posts
Hey,
I got yanked by Milwaukee's finest on the way home from the airport after driving for 6.5 hours from NJ to Hartford, CT and then sitting in the lovely Hartford airport waiting for my freaking plane to get there. It was 11:30 PM - on my damn birthday of all days and the prick wouldn't let me go. However, he did do me the service of misspelling my name on the ticket.
I'm clearly pleading not guilty, but what I need to know is protocol in court to get the ticket dismissed because the person named on the ticket was not driving the vehicle.
Thanks!
I got yanked by Milwaukee's finest on the way home from the airport after driving for 6.5 hours from NJ to Hartford, CT and then sitting in the lovely Hartford airport waiting for my freaking plane to get there. It was 11:30 PM - on my damn birthday of all days and the prick wouldn't let me go. However, he did do me the service of misspelling my name on the ticket.
I'm clearly pleading not guilty, but what I need to know is protocol in court to get the ticket dismissed because the person named on the ticket was not driving the vehicle.
Thanks!
11-27-2000, 12:43 PM
#2
Banned
Yea, I know your last name, it's easy to spell incorrectly!
Unfortunately, I don't know how to go about getting a ticket of dismissed like this. But I can't imagine that it's any more complicated than just pointing it out to the judge, yes? I always plead not guilty anyway, take it to court and pray that the cop doesn't show up. That may happen to you, too. Cops, in my experience, rarely show up to their court dates. In fact, every time I have done that, the cop never showed...lucky for me!
Good luck!
Unfortunately, I don't know how to go about getting a ticket of dismissed like this. But I can't imagine that it's any more complicated than just pointing it out to the judge, yes? I always plead not guilty anyway, take it to court and pray that the cop doesn't show up. That may happen to you, too. Cops, in my experience, rarely show up to their court dates. In fact, every time I have done that, the cop never showed...lucky for me!
Good luck!
11-27-2000, 12:53 PM
#3
Registered User
Thread Starter
Join Date: Oct 2000
Location: West Bend
Posts: 341
Likes: 0
Received 0 Likes
on
0 Posts
Well, unlucky for me, both damn times I took a ticket to trial the bastards did show up. Guilty both times. The first time the judge's reason was "I've know Officer (Let's call him Bob) Bob for 15 years, if he didn't know it was you that was speeding he wouldn't have given you the ticket". What a bunch of dung. Oh well, it took two hours of court time (have to get your money's worth!) and I got kudo's from the Asst. DA and another lawyer who was waiting.
I imagine that the incorrect ticket is similar to the motion you make if the cop doesn't show up - in that you have to specifically ask for the case to be dismissed - I just don't know the legalese for it.
Hopefully I'll be as lucky as you Greg! I didn't get any pictures though!
I imagine that the incorrect ticket is similar to the motion you make if the cop doesn't show up - in that you have to specifically ask for the case to be dismissed - I just don't know the legalese for it.
Hopefully I'll be as lucky as you Greg! I didn't get any pictures though!
11-27-2000, 01:03 PM
#4
Registered User
They had the plate number wrong on my ex's ticket, and the judge's answer to that was, well, was it you and your car? I wouldn't count on getting out on a technicality without a lawyer...
11-27-2000, 02:06 PM
#6
Actually the spelling error only gets you off if you can prove there is a question about the identity of the driver.
Normally you stand a better chance of getting of by rescheduling and then hoping the cop does not show, or going for deferred adjudication and paying through the nose.
It is the government
Normally you stand a better chance of getting of by rescheduling and then hoping the cop does not show, or going for deferred adjudication and paying through the nose.
It is the government
11-27-2000, 03:29 PM
#7
Registered User
Join Date: Oct 2000
Location: Mountain View
Posts: 2,584
Likes: 0
Received 0 Likes
on
0 Posts
to be found guilty of a charge there has to be evidence beyond reasonable doubt that you violated the law section specified on the ticket. what to do? use the code against them. go dig up stuff on proper identification, i bet if you cite state code sections the judge will have nothing to say. he's there to rule on the law, not to present his personal opinions. for those judges that don't...that's why we have appeals court 
Trending Topics
11-27-2000, 05:03 PM
#8
Registered User
Join Date: Oct 2000
Location: Bedford
Posts: 4,959
Likes: 0
Received 0 Likes
on
0 Posts
Don't try to get in a pissing contest with the Judge. I got a ticket in March, took defensive driving (on the net) and had the ticket removed from my record. I still had to pay the fine and the court costs plus $40 bucks for DD, but at least it didn't go on my record.
11-28-2000, 10:29 AM
#9
Registered User
Join Date: Nov 2000
Posts: 31
Likes: 0
Received 0 Likes
on
0 Posts
Sorry to hear about your speeding ticket!!
I had a friend who re-schedule his court date twice to avoid his speeding ticket. It worked for him.
I myself, just paid the ticket workout going to court. That was a mistake, never just pay the ticket!! I didn't think a thing about it until my insurance premium came due, up $2000/yr. I hired an attorney to re-open the case. He called the D.A. and $350 dollars later my ticket was reduce to 2 points. It was worth the phone call. Maybe you could plead to a smaller non-moving fine.
I had a friend who re-schedule his court date twice to avoid his speeding ticket. It worked for him.
I myself, just paid the ticket workout going to court. That was a mistake, never just pay the ticket!! I didn't think a thing about it until my insurance premium came due, up $2000/yr. I hired an attorney to re-open the case. He called the D.A. and $350 dollars later my ticket was reduce to 2 points. It was worth the phone call. Maybe you could plead to a smaller non-moving fine.
11-28-2000, 08:59 PM
#10
Registered User
Join Date: Nov 2000
Posts: 57
Likes: 0
Received 0 Likes
on
0 Posts
Sooooo,
say I got a court date coming up in like 2 weeks....for doing 86 in 55....
what is the appropriate procedure to have this court date rescheduled,etc....w/out looking like I'm evading the court hearing?
Also,
if I somehow can get this reduced to a 60 in a 55(is this considered a non-moving violation?)....i.e...pay fine and no points since this is my first ticket ever....do I have shot of this?....
will this result(fingers crossed) mean that MY driving record will be CLEAN like it was before?..or will it always be there for the Police to see in their records...i.e...
a cop runs your plate and sees your previous ticket, though it was reduced....or you longer have a clean record for the last 3 years like I do currently....
your advice is appreciated....
Bpearl
say I got a court date coming up in like 2 weeks....for doing 86 in 55....
what is the appropriate procedure to have this court date rescheduled,etc....w/out looking like I'm evading the court hearing?
Also,
if I somehow can get this reduced to a 60 in a 55(is this considered a non-moving violation?)....i.e...pay fine and no points since this is my first ticket ever....do I have shot of this?....
will this result(fingers crossed) mean that MY driving record will be CLEAN like it was before?..or will it always be there for the Police to see in their records...i.e...
a cop runs your plate and sees your previous ticket, though it was reduced....or you longer have a clean record for the last 3 years like I do currently....
your advice is appreciated....
Bpearl