need some help..

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i got a ticket for 55 in a 40, and not having my lisense on me..

can i just pay the fines and not goto court? if i have to goto court, how can i "fight" it?
 

E_SolSi

Moderator
VIP
plead not guilty
you have your license right?? if so just bring it with you
you will at least get a lower fine ... possibly get the whole thing thrown out...
always fight tickets
 

B16

VIP
yes, out of maybe 7 speeding tickets i've tried to fight, only one of those times the officer showed up. realize when you do this, you loose your option for traffic school, but, i say go for it, plead not guilty.
 
If this is your first then you should fight it. If not then I would consider paying the fine for the speeding ticket. You will probably have to go to court for not having your liscense on you to prove that you have a liscense. I tried to fight my second ticket and Boulder County fucked me with no lube. My sentence: fines, court costs, 24 hours community service, and traffic school. List of what I had to pay:
Court Costs: $20
Fines: $190
Fee for doing Community Service: $60
Traffic School: $30
This was for 45 in a 35. Upside no points, downside I got hosed. The cop didn't show for mine, but this was the best that the DA's assisstant would give me.
 
lsvtec, im not doubting your story, but if the cop didn't show up, then how the heck did they get you like that? its your word against the cop isnt it? i mean, unless the judge and the DA were there in the street when you got the ticket. something's not right. maybe u can sue.
 
I plead not guilty in my first hearing, and when I went back the DA's assisstant told me that if I didn't plead guilty to a lesser charge, win or lose they were going to stick me with $350-$400 in court costs + any legal fees I might inccur. I could not afford a lawyer so I took the plea bargain.

This happened almost a year ago now. Any where outside of Boulder it might have turned out differently, but there is not a lot of logic in the legal system there. I think that it would cost me more to sue now than to just live with it.
 
if you want to fight the ticket it might be useful but it might have a bad outcome. I did 60 in a 40 mile zone and the fine was $77. not that bad. but not having a license is only $10 when show proof of having the license. I should know i got two tickets for not having my license on me. :)
 
Originally posted by lsvtec@Nov 10 2002, 05:25 PM
I plead not guilty in my first hearing, and when I went back the DA's assisstant told me that if I didn't plead guilty to a lesser charge, win or lose they were going to stick me with $350-$400 in court costs + any legal fees I might inccur. I could not afford a lawyer so I took the plea bargain.

This happened almost a year ago now. Any where outside of Boulder it might have turned out differently, but there is not a lot of logic in the legal system there. I think that it would cost me more to sue now than to just live with it.

i seriously think you should tell that story to a lawyer cause that sounds like they were out of line. they cant just say you are guilty and/or threaten you with high court fees. maybe that was just a scare tactic? anyway, i read an article in sport compact car about a month ago where one of the editors got out of a speeding ticket by challenging it. he had a lawyer friend who demanded the police department supply written documents showing that the cop who clocked him was trained properly in the use of the radar gun. Throughout the battle with the court, they were sent notices like, they need to pay up and plead guilty...but in the fine print it always stated that they had the option of not paying and taking the matter to court instead. anyway, after like 6 months the court date came up and the cop didnt show, so the judge dismissed the case. it took that long cause the COURT wanted more time to prepare LOL they couldnt find the papers that the lawyer had requested.
 
I will have to remeber that. If I come across a lawyer that is willing to exchange their service for work on their car or something I will bring it up. It probably was a scare tactic, but I did not have the funds to call their bluff.
 
I pleaded not guilty hoping the cop wouldn't show up and he didn't but they said that they reschedule a hearing to give the officer a chance to be heard. It was a nice judge, so I changed my plea. Learn your local laws first then challenge it if you can.
 
lsvtec...
i have a feeling it said that you MUST pay up and settle it ...but in real fine print it says "or you could take it to court". that is exactly what the guy in the article had to deal with (tricky notices from the court). so there may not be a case after all :(

lsvtec, if u do decided to look into, i wish u good luck! my whole beef is that if the cop isnt there to say you did in fact break the law, the court HAS to dismiss the case.

lets say a guy takes u to court because he says that you hit his parked car and you owe him money for it.
you show up in court, but the guy doesn't. the judge can't just say..."i dont care if he's not here. you look guilty to me so i am gonna fine you and make u pay high court fees".
 
I will be back in CO in December, I will look into it. Thanks for the info rixXxceboy.
 
Originally posted by pills_PMD@Nov 11 2002, 09:50 AM
go fight it,
in michigan. they just tell you that you endangered people when you were speeding....

no points... 120 bucks. DONE.

About the same thing in Pa. if you fight it and have a nice judge.
A friend got a ticket for 122 in a 55 - fought it - cop showed - but ended up with 84 in a 55 so he didn't lose his license. So fight it - you never know.
 
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