The Chronicle of the Horse
MagazineNewsHorse SportsHorse CareCOTH StoreVoicesThe Chronicle UntackedMarketplaceDates & Results
 
Results 1 to 19 of 19
  1. #1
    Join Date
    Jul. 13, 2004
    Posts
    3,096

    Default Speeding tickets and going to court

    I have heard many times over the years that if you go to court over a speeding ticket, you have a good chance of winning - simply because the officer who pulled you over is not likely to be there. Is this true? Has anyone here gone to court over a speeding ticket rather than paying it?



  2. #2
    Join Date
    Apr. 4, 2007
    Location
    Jasper, GA
    Posts
    2,148

    Default

    Rather than going to court, pay the right traffic lawyer $500. and it will be gone (at least in Atlanta and VA).
    Luistano Stallion standing for 2013: Wolverine UVF
    http://www.youtube.com/watch?v=8IZPHDzgX3s



  3. #3
    Join Date
    Nov. 26, 2003
    Location
    NE FL
    Posts
    6,478

    Default

    That depends a great deal on where you are. With my department, we get a minimum of four hours OT if we get a subpoena on our day off so we make a point of showing up. If it's a work day, you get a few hours to chill out, or if you work evenings you get 3 hours OT for coming out early, or the actual time whichever is greater.
    Plus we get written up and disciplined if we don't show, disobeying a subpoena is a big deal in our dept.
    It just depends on your area, if it's a podunk dept that might happen but most likely not. If your record is pretty clean you can throw yourself on the mercy of the court, but if not you might ought to just pay it or do online school.
    Last edited by Jaegermonster; Jan. 15, 2011 at 06:04 PM.
    "Perhaps the final test of anybody's love of dogs is their willingness to permit them to make a camping ground of the bed" -Henry T. Merwin



  4. #4
    Join Date
    Jan. 10, 2008
    Location
    Western NY
    Posts
    5,767

    Default

    Generally, it's good to go to court--if the officer isn't there, the charge will be dropped, but what's more likely is that the local court will offer you a plea to a lesser, non-moving violation. They do that so that they can get the money for the fine. You plead guilty to the non-moving violation (usually something like driving without a seatbelt), pay the fee (usually $100 or so) and don't get points on your license. Sometimes they'll require you to go to a traffic safety class as part of your plea.



  5. #5
    Join Date
    Apr. 1, 2008
    Posts
    4,389

    Default

    not with our department. In our department, we go.

    we get OT if it's not during our working shift.



  6. #6
    Join Date
    Jun. 24, 2005
    Location
    Alabama
    Posts
    7,418

    Default

    I've heard what SarahandSam said about plea bargaining before the hearing starts. And be very respectful and remorseful, plus offer to do traffic school too-it can't hurt to show you made a mistake and learned from it.
    You can't fix stupid-Ron White



  7. #7
    Join Date
    Feb. 7, 2005
    Location
    Lancaster, PA
    Posts
    4,570

    Default

    I haven't bothered, but both of my tickets were far enough away from home that driving there for court (and taking a vacation day from work to do so) wasn't worth it.

    First ticket was in another state that doesn't transfer points with my state. Paid the ticket and that was that.

    Second ticket was about 90 minutes away from home in my own state. Did get 4 points for that one, but I just behaved for a year and 3 of them are gone now.

    Unless ticket is something horrendous and will result in losing your license or a gigantic fine, I can't imagine it being worth going to court.



  8. #8
    Join Date
    Jan. 19, 2000
    Location
    Ellijay, GA
    Posts
    6,006

    Default

    I went once, and only because I KNEW the officer had made a mistake.

    Our local city cops like to sit in an area where the limit drops from 65 to 45 heading down a hill and into town...for whatever reason this guy thought it would be a good idea to park in the median between the rows of Bradford pear trees.

    I drive a fairly standard issue white pick up...and was actually being passed by another white pick up...his was a ford and mine was a chevy, but the cop still pulled ME over and wrote ME a ticket for 58 in a 45. The offender had made it through the stop light and I got caught at it, which allowed the cop enough time to jump the curb and catch me, a white single cab pick up, sitting at the light. Of course the old "but the other guy was passing ME" line didnt work, even though I knew it was true.

    I showed up to court, with some good pictures of my truck, a truck like the one who passed me, etc and plead my case. The judge asked the cop if he was 100% sure he pulled over the correct vehicle, the cop finally cracked and said after looking at the pictures, how they looked side by side at moving speeds, etc that he couldn't be sure.

    Got it dropped, but it cost me a day of work, which, was probably about as much as the ticket. If I had not known I was right (I'm a local, I KNOW the limit drops there and I obey) I wouldnt have bothered...I more or less just wanted to her him say he was wrong.

    Ticked me off that it took all of THAT for him to figure it out, when in reality, its not THAT hard to tell a 3/4 ton chevy from a 1/2 ton Ford.
    Busy Bee Farm, Ellijay, GA
    Never Ride Faster Than Your Guardian Angel Can Fly
    Way Back Texas~04/20/90-09/17/08
    Green Alligator "Captain"



  9. #9
    Join Date
    Dec. 27, 2006
    Location
    Western NY
    Posts
    1,591

    Default

    Last one I had I went to court and got the option of 2 parking tickets and school or paying for 3 parking tickets. I just paid the parking tickets.

    Christa

    BTW, at least in NY it is to the advantage of the town courts to give you parking violations instead of keeping the speeding tickets. With the speeding violation the state gets part of the fine, with a parking violation the town keeps all the $$. AFAIK, this not allowed if you get caught by a state trooper, but if you are pulled over by a county sherriff or local police they are very likely to cut a deal.



  10. #10
    Join Date
    Feb. 14, 2003
    Location
    Windward Farm, Washougal, WA- our work in progress, our money pit, our home!
    Posts
    6,376

    Default

    I went, and so did the deputy. The judge reduced my ticket by half, so it was worth it for me. I was doing 45 in a 35 on a rural road. The judge and I discussed the recent change in the rural speed limit on that stretch of road--he hadn't been aware it had changed so that might have figured in the decision.

    It is a time waster, and you run the risk of not saving any money, but my now Mr. CC and I had a great time at court watchign all the shenanagins of the other folks there--it was one of our first dates
    Proud member of the "Don't rush to kill wildlife" clique!



  11. #11
    Join Date
    Sep. 24, 2008
    Posts
    1,658

    Default

    In Ont. we have to call if we plan to fight the ticket. As soon as my SO called and said he planned to go to court because he knew he wasn't in the wrong, the Officer of the Court offered to go halfs on it, rather than waste court time. That meant a minimal fine, no points lost and he didn't have to take off work.

    That was easy.

    NJR



  12. #12
    Join Date
    Dec. 4, 2002
    Location
    Dungeon of the Ivory Tower
    Posts
    20,394

    Default

    In Missouri: you will lose. Period. It is a moneymaker for the local municipalities. Get a traffic lawyer.

    I got nailed by a local town cop who claimed I went through a stop sign. But I did the math: if I lost in court (which I gathered was a certainty) then the points on your license cost you more in insurance than the traffic lawyer. It was thus cheaper and easier to have it erased.
    www.specialhorses.org
    a 501(c)3 organization helping 501(c)3 equine rescues




  13. #13
    Join Date
    Aug. 8, 2001
    Location
    up the hill from the little river (that floods alarmingly often)
    Posts
    3,594

    Default

    In my county, if the officer who ticketed you didn't show up for court, your court date gets rescheduled. My coworker found this out a few weeks ago, and she now has to waste another workday waiting in line to get her 5 minutes in front of the judge. She's hoping to get it tossed out, as the trooper who ticketed her was not the same one who clocked her, and the one who wrote out the ticket got the make/model of her car wrong, which makes her think he pulled the wrong person. Of course the ticket was for that magical "11 over the speed limit" number.
    Full-time bargain hunter.



  14. #14
    Join Date
    Jan. 19, 2000
    Location
    Ellijay, GA
    Posts
    6,006

    Default

    I almost forgot this one, although I didnt have to go to court, it was just a phone call....

    This was the summer of 2001...

    I was in TX and got pulled over, in a school zone, for speeding...I dont remember the limits...officer gave me a ticket and off I went. A week later I get a letter in the mail addressed:

    "To the Parents of RelocatedTXjumpr"

    I had just turned 21 and memories of letters from school popped into my head....I opened in (I lived on my own) and it was a letter from the county advising my parents of the ticket...stating I was a minor child, etc...got to looking at it and they had my date of birth listed as 04/20/1997 INSTEAD of 04/20/1979, making me 4 years old at the time I got the ticket, lol.

    I went to actually pay the ticket and when I got to the counter I showed the lady the letter, my DL, the ticket, etc. She laughed and called someone over....they all thought it was pretty funny...a 4 year old driving and getting a speeding ticket...anyway, they dropped it because of the wrong info.

    Those are the only 2....and I WAS at fault for the speeding in a school zone and WAS going to pay it.
    Busy Bee Farm, Ellijay, GA
    Never Ride Faster Than Your Guardian Angel Can Fly
    Way Back Texas~04/20/90-09/17/08
    Green Alligator "Captain"



  15. #15
    Join Date
    Jul. 13, 2004
    Posts
    3,096

    Default

    Oh geez....I'm not worried about points, and it's not something crazy that would jeopardize my license. It was a run-of-the-mill "magical 11 over the speed limit" (perfect onelanerode!) ticket. Rural road where the speed limit was set back in the day of horse-drawn carriages and hasn't been revisited since....UGH! The courthouse in this case is less than 15 minutes from my home, and I wouldn't be using any vacation time.

    Even so, I'm not planning on bothering to go. I was just curious! Of course, it would be fun to go see some of the crazies that show up for other things....



  16. #16
    Join Date
    Jan. 26, 2010
    Posts
    4,966

    Default

    You can fight without going to court. It's called Trial by Written Declaration. It should be on the back of the ticket. You can write it all up. The good thing about this is, if you don't like the judgment, you can get a Trail de Nuovo (I think that's what it's called) and have it looked at again. The good thing about this, is instead of getting paid to go to court, they have to look up the law and respond on their own time.

    For speeding tickets, they HAVE to have a speed survey of the road within the last six years citing the average speed on the road by an independent surveyer. If the average speed is 10 mph over what is posted, the speed limit is illegal. Your state vehicle code should state this. If not, you go by the federal laws, which is MUCH, Manual on Uniform Transportation. It sounds like your road's speed limit is illegally posted.

    It's worth it to google how to fight this for awhile. If you cite the law, it's amazing what you find out.



  17. #17
    Join Date
    Aug. 2, 2004
    Location
    Whidbey Is, Wash.
    Posts
    9,234

    Default

    Quote Originally Posted by threedogpack View Post
    not with our department. In our department, we go.

    we get OT if it's not during our working shift.
    Same here.

    And no, you going and the officer not doesn't mean it will be automatically dropped. Also depends on the judge, some judges hate dealing with traffic cops (cough, sigh, eye roll), so your mileage may vary.
    Aisha, my heart from 03/06/1986 to 08/22/2008.

    COTH's official mini-donk enabler.
    Odie, aka the Evil Burrito, is on Facebook.



  18. #18
    Join Date
    Dec. 21, 2005
    Location
    Colorado Springs, CO
    Posts
    1,781

    Default

    When I lived in MN, I went to court for a couple of tickets. There, if you want to contest a ticket you schedule an appointment with a hearing officer. If you don't like what the hearing officer has to offer, you then would schedule a court date.

    In my cases, all I needed was the hearing officer meeting. For the speeding ticket he offered a "delay without adjudication". Basically, you pay a "fee" that happens to be equal to the fine. The ticket is then suspended for 1 year. If you keep your record clean for a year the ticket goes away, but if you get another violation, the first ticket becomes active again.

    My other ticket was for illegal tint. In that case I provided an invoice showing that the offending film had been removed and the violation was cleared.
    "Is it ignorance or apathy? Hey, I don't know and I don't care." ~Jimmy Buffett



  19. #19
    Join Date
    Jun. 23, 2003
    Location
    South Carolina
    Posts
    1,849

    Default

    It depends on who gave you the ticket (local/city or state trooper). I got a speeding ticket from a state trooper on the interstate, went to court and because the trooper had already reduced the ticket on the side of the road it did me no good to go. Still had to pay the amount on the ticket and still got the points. Apparently if you get a ticket from a city/local cop it can be worth it.



Similar Threads

  1. horse speeding to the jump..*Update!*
    By gallopinggal in forum Hunter/Jumper
    Replies: 17
    Last Post: Dec. 6, 2011, 12:46 AM
  2. Eastover Court
    By EAY in forum Racing
    Replies: 3
    Last Post: Nov. 16, 2011, 05:40 PM
  3. Police Chase Speeding Horse Carts!
    By Mike Matson in forum Off Course
    Replies: 0
    Last Post: Apr. 7, 2011, 11:43 AM
  4. Pulled Over for Speeding by Cops on Horses!
    By Mike Matson in forum Off Course
    Replies: 3
    Last Post: Oct. 11, 2010, 03:53 PM
  5. moving over without speeding up
    By skyy in forum Hunter/Jumper
    Replies: 12
    Last Post: May. 17, 2010, 12:16 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
randomness