Fighting a speeding ticket

[dresslerindustries]

I don't have money or time to get an Attorney, but I want to fight a ticket that I got in Virginia where the County Police Officer said he clocked me doing 60 in a 45 zone. I don't know exactly what my speed was when he says he got me on radar, but I doubt I was going 60. What is the best thing to do - plead guilty with an explanation, or deny it and say that I was going under the speed limit? I have a fairly good record - no tickets/accidents in the past 10 years except for a speeding ticket about 6 months ago (10 mph over) in my personal vehicle which was suspended pending probation. Any advice is greatly appreciated.

[bigjoe]

You cannot afford not to get an attorney. 15mph over can put you on the sidelines. The 6 month old ticket in a personal vehicle could bite you on the butt to be honest.

A year or so back I got my first speeding ticket in 21 years in a rental car. I used www.tixnix.com. It was easy, inexpensive , and it worked.

You select the state you were cited in, type in the details and hit submit. Your post will be forwarded to a local attorney who will review it and contact you.

He will advise you on the merits of the case and quote you a price if he can help you. At this point you may accept or decline with no obligation or cost.

[dresslerindustries]

Hey BigJoe, I tried ticknix and they do not cover the area where I am going to court. How much does it usually cost to have an Attorney represent you in court?

[icantinaturner]

BigJoe nailed it. I think it would be a mistake to try to represent yourself (been there, done that) because it is always a crapshoot. The cop might not show up in court and you could skate. You could also try the "guilty with explanation" route but the outcome will have much to do with the judge's mood that day and his view of truckers. I would not -- repeat NOT -- represent myself, plead not guilty and just say that I wasn't doing 15 over. The judge has heard that a thousand times and is going to believe the cop.

If Tixnix doesn't work, let your fingers do the walking in the Yellow Pages for the area you'll have to appear in court. You might also try snooping in those freebie trucking magazines like Trucking News, The Trucker, RoadStar, etc. There seem to be plenty of ads in those for attorneys who will help you fight tickets.

Another option is to just pay the ticket. I paid for a 15 over ticket in TX severals years back and it never hit my DMV record in my home state (PA). I called the Justice of the Peace office and was told that if I paid **promptly** it wouldn't go on my record. That route is also a gamble because VA could very well advise your home state and if you get another ticket(s) it could really hurt.

I wish you BOL.

[joehill]

Try TVC..

Of course I can't find the website...They are out of Tulsa or Okie City..

I used them once for a California speeding ticket...

Didn't get the speeding conviction, it was plead down to a lane restriction kinda thing,greatly reduced fine as well..

I was happy with them ,it will cost you around 2 bills to get them on it..

B.O.L.

[bigjoe]

Try a google search for traffic attorneys as well as those free trucking mags. Thats how I found TixNix.

Most courts are willing to drop a moving violation in exchange for equipment violations or other lesser charges that do not go on your record if you have an otherwise good MVR.

The fine will be about the same so the court still gets its revenue & everybody goes away happy. You nearly have to have a lawyer to get it done. In my case my lawyer used to be an Asst. D.A. so he just called up his old work pal and got my speed reduced to equipment violations.

In Texas a J.P. could and often would plea down without a lawyer but the state has stepped in and there are no more deffered adjudifications for CDL holders in Texas and may other states. Thats why you need a lawyer to go to bat for you or otherwise the system will ignore you.

[dresslerindustries]

I just thought I would follow up to let you know how I made out going to court. I admitted guilt, but brought a copy of my driving record and explained to the Judge that my record is very good other then one ticket I got driving my 4 wheeler. The Judge reduced my ticket to a "Faulty equiptment" ticket, so I still had to pay the fine, but I am not charged with a moving violation.

[bigjoe]

Outstanding there, Dressler.

We appreciate knowing how it came out and are happy that justice was served. Anyone can make a mistake and the courts can be lenient to those who have offended but have an otherwise impeccable driving record.

Your case & mine have proven that.

[icantinaturner]

Originally Posted by dresslerindustries

I just thought I would follow up to let you know how I made out going to court. I admitted guilt, but brought a copy of my driving record and explained to the Judge that my record is very good other then one ticket I got driving my 4 wheeler. The Judge reduced my ticket to a "Faulty equiptment" ticket, so I still had to pay the fine, but I am not charged with a moving violation.

Ditto what Big Joe said. Way to go, DI. Thanks for posting the outcome.

I'd seriously recommend calling the court, getting the name of the judge (if you don't have it) and sending him a nice Christmas Card at the courthouse. He certainly gave you a nice present and you never know when another trucker will be standing before him with the same problem...

[quidnunc]

I read the follow-up, and you got lucky, but unless you live where you got the ticket, it's hard to show up in court to fight it, however an attorney can do this as long as it's not a misdemeanor or felony, and in most cases they can be reduced. What you spend on a lawyer will be saved in insurance, plus be less detrimental to your driving record.

However....Some tips for the future:

1) Ask the cop at the time he gives you the ticket if pleading guilty will be reported to your home state. By law, as a CDL holder, it is supposed to be and they are cracking down on this but some states are still lax and will not report it. The cop may have local knowledge as to how this is handled and will answer with either "probably not, as long as you pay the fine right away," or else "yes, it will." So if he says "probably not," then chance it and take him at his word.

2) If it is a state cop, with DOT credentials, and you catch him before he writes the ticket but know that he is going to, try to talk him into writing it as a DOT violation. ( There is a rule against speeding in your DOT handbook ) These are usually not reported to DMV, but they will still get their fine money so they are happy.

3) If you were going downhill, point out that you had your cruise set to the speed limit, but that the weight was pushing you over, you never know they may be sympathetic to this. ( It is the only time I ever speed )

4) You can try to contact the local prosecutor's office and speak directly to them, and see if they will agree to reduce it. Sometimes they will but many times they won't, as they only like to deal with their golfing buddies who happen to be the local defense attorneys.

Also, keep in mind though that lawyers don't really "do" anything, except make a single phone call to the prosecutor and hope they will say yes to reduce it. In 95% of the cases, it won't go to trial, as lawyers, judges, and prosecutors all hate trials. However, the lawyer will charge his $500 for this one phone call, and put on an act and try to convince you that he had to twist arms and pull strings to get this "great deal" for you, when any ******* idiot with a 5th grade education can do the same thing.