Appeal for speeding ticket?

[Bechdel06]

I had a court date scheduled for yesterday but I got the dates mixed around and thought it was today instead. This is my first ticket so I am new to this court and appeal stuff. I called the magistrate's office and they said to go to the county courthouse and file an appeal. I was wondering if the appeal would be worth doing and if I still had a chance to get my points dropped even though I missed my first court date? If I do appeal, what would I say in court? Should I ask for a plea bargain or something to have the points dropped but pay the fine? I'm from PA also I don't know if they have different laws or whatnot.

 

[davidmcbeth3]

You may want to call about a trial de novo or to remove the default judgment... you have no reason to file an appeal to a higher court.

The time for bargaining is over .. you'll have to actually present a defense..

 

[Bechdel06]

Ok thank you for the advice. Who would I contact for the trial de novo or to remove the default judgment.. the magistrate's office or the county court house?

 

[Bechdel06]

And if one of those are accepted is there still a chance, do you think, that my points will be dropped?

 

[davidmcbeth3]

And if one of those are accepted is there still a chance, do you think, that my points will be dropped?

I would think that if you missed a court date that the prosecutor is going to be willing to deal.

Call the court clerk and ask if she has a de novo form ... what state is the court in?

Wake up youngster ... you will be heading for trial....you should prepare a defense...

Anything you want to tell the judge will be meaningless for the most part unless its an affirmative defense. Do you have a defense? Or are you just hoping to get the points dropped, like through traffic school? Judge might allow that ... does not have to


Also, what statue was written on the ticket?

 

[Bechdel06]

The court is in Pennsylvania, Washington County. Since I missed my trial at the magistrates office do I get/take the trial de novo form there or at the county court house?

And no I don't have a good defense setup. I was speeding so I don't know what kind of defense I could make. The officer that pulled me over said that he would help me out but I don't know if he still will after I missed my first trial. Any ideas on what I could say?

And the statute on the ticket says PAVC sec. 3362 sub sec. (A-3) if thats what you meant. I was doing 53 in a 35.

Thanks for helping me out I guess it sounds like I would have looked like an idoit if I went in front of a judge appealing a speeding ticket haha

 

[FlyingRon]

You have to apply with the magistrate's court that issued your conviction.
The case will then be sent to Common Pleas to be heard de novo.
Note, if you miss your Common Pleas date, the judge there has the authority to reinstate the magistrate's conviction.

 

[davidmcbeth3]

You won't look like an idiot; many attnys miss court date filings etc & have to get default judgments set aside.

You should prepare for your case ...

The charge is for this:

Any other maximum speed limit established under this subchapter. from: http://www.police.south-fayette.pa.us/forms/vehiclecode.pdf

A 35 MPH limit is noted for an urban area ..

Do u know how your speed was measured; it could be several methods? Prepare to attack that measurement through objections at trial of testimony & documents.