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arguing a ticket

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poweryuan

Junior Member
What is the name of your state? MA, got speeding ticket 82/65 in VA

I decide to plead no guilty. The following is what happened.

I was driving at normal speed on the left lane on the two-lane I-85, there are vehicles on the right lane at the same speed. I noticed the car behind me was driving very closely, in a way that some impatient drivers try to make them noticed. I didn't feel safe at that close distance between us so I speed up a little bit to keep away from it and to pass the cars on the right to change the lane. The the alarm is on, IT WAS A POLICE CAR! It must have followed me for at least 30 seconds. I didn't realize that it is a police car because the sun was from the back, but I don't understand why it was driving in a way that makes the driver in front nervous. I believe he could check my speed with radar half a mile away. I was trying to argue with him but he just ignored me and gave me the ticket. I have the choice to plead no guilty by written appreance.

I wonder if a statement like above is good for the argument. If i fail in the court, is there any extra charges? Any suggestions will be highly appreciated!
 


The Occultist

Senior Member
Some officers will drive close to the back of your vehicle so that they may more easily view your plate numbers and run a check on them. A car following your vehicle too closely is NOT justification for you to break the speed limit, as a car following that closely gets even more dangerous at higher speeds. Sorry, but it does not look like you have any valid defense. Your best bet is some kind of bargain with the prosecutor.
 

poweryuan

Junior Member
The Occultist said:
Some officers will drive close to the back of your vehicle so that they may more easily view your plate numbers and run a check on them. A car following your vehicle too closely is NOT justification for you to break the speed limit, as a car following that closely gets even more dangerous at higher speeds. Sorry, but it does not look like you have any valid defense. Your best bet is some kind of bargain with the prosecutor.
Thanks for your reply. But I was trying to keep away from a dangerous situation on high way. At that situation, I was pretty sure that if I slowed down even a little bit it will hit my back. If that is not enough for pleading no guilty, should plead guilty with this excuse instead? thanks for any suggestions.
 

The Occultist

Senior Member
By increasing your speed, you were actually making the situation MORE dangerous! If the "maniac" behind you is going to stay on your tail until you're going the speed he wants, then that much distance at a higher speed is more dangerous than the situation you were trying to avoid. You could try to plead guilty with an explanation, but keep in mind it's still pleading guilty. If you're going to do that, I do suggest trying for some kind of plea bargain!
 

poweryuan

Junior Member
The Occultist said:
By increasing your speed, you were actually making the situation MORE dangerous! If the "maniac" behind you is going to stay on your tail until you're going the speed he wants, then that much distance at a higher speed is more dangerous than the situation you were trying to avoid. You could try to plead guilty with an explanation, but keep in mind it's still pleading guilty. If you're going to do that, I do suggest trying for some kind of plea bargain!
Thanks again. It is my first time to get a ticket and I wonder what the consequence of failing to plead no guilty will be. If I just plead guilty, I will definitely pay the fine and get my points increased.
 

The Occultist

Senior Member
You're not listening.

BEFORE you enter a plea, talk to the prosecutor and try to work out a deal!!!!

If you plead not guilty, then one of two things will happen: you will win and get off without a problem, or you will lose and probably will get some points.

If you plead guilty, then it's the same as losing the fight.

What I am suggesting to you is BEFORE you say "guilty" or "not guilty", you talk to the prosecutor and work something out. If the proescutor is willing to work with you (and they usually are), they will say something to the effect of "we will charge you for a lesser crime if you plead guilty." By agreeing with this, you will be pleading guilty to a charge that is not as harsh as your current charge, you will be given some court fees, and will most likely not end up with points. TALK TO THE PROSECUTOR!
 

poweryuan

Junior Member
The Occultist said:
You're not listening.

BEFORE you enter a plea, talk to the prosecutor and try to work out a deal!!!!

If you plead not guilty, then one of two things will happen: you will win and get off without a problem, or you will lose and probably will get some points.

If you plead guilty, then it's the same as losing the fight.

What I am suggesting to you is BEFORE you say "guilty" or "not guilty", you talk to the prosecutor and work something out. If the proescutor is willing to work with you (and they usually are), they will say something to the effect of "we will charge you for a lesser crime if you plead guilty." By agreeing with this, you will be pleading guilty to a charge that is not as harsh as your current charge, you will be given some court fees, and will most likely not end up with points. TALK TO THE PROSECUTOR!
Thanks, to talk with the prosecutor, must I appear in the court? Is there anyway to discuss with him by mail?
 

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