Criminal Traffic Ticket Implications

[AZJohnW]

What is the name of your state? AZ (Arizona)

I'm an 18 year old college student (and was 18 when this happened). Recently, I received a "criminal traffic" ticket for excessive speed (going 30 mph over the limit) on my way to school. This is the first time I have been pulled over and my first ticket or offense of any kind. The officer gave me a paper that said criminal traffic tickets are not elligible for defensive driving/traffic school.

Please help me understand what the ticket means going forward. Here are my main concerns:

• How does a criminal traffic ticket vary from a civil traffic ticket?

• Will it appear on my driving record only or will this give me a criminal record too?

• If it does create a criminal record, is there any way to prevent that? I'm worried it will impact my ability to get a job after college.

• The ticket says I can take care of everything by mail so I can pay the fine and not appear in court, but should I go to court? Is it possible/probable a judge would let me go to traffic school?

• Is there any other advice you have for me?

Thank you very much for all your help!

 

[seniorjudge]

• How does a criminal traffic ticket vary from a civil traffic ticket?

A: You will get points in addition to any jail time or fine you pay.

• Will it appear on my driving record only or will this give me a criminal record too?

A: Both.

• If it does create a criminal record, is there any way to prevent that? I'm worried it will impact my ability to get a job after college.

A: I don't know of any.

• The ticket says I can take care of everything by mail so I can pay the fine and not appear in court, but should I go to court? Is it possible/probable a judge would let me go to traffic school?

A: It never hurts to go to court and plead and beg.

• Is there any other advice you have for me?

A: Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[AZJohnW]

Thank you very much for you quick response seniorjudge!

 

[AZJohnW]

If it's a criminal charge, you're in luck because you have the speedy trial defense.

Thanks for the advice! Pardon my ignorance, but can you elaborate on the "speedy trial defense?" I did a google search and could not find anything explaining what you are referring to.

 

[seniorjudge]

Thanks for the advice! Pardon my ignorance, but can you elaborate on the "speedy trial defense?" I did a google search and could not find anything explaining what you are referring to.

In some criminal cases (and, rarely, in some traffic cases) if you ask for a trial and don't get one in say 6 months (or whatever the law says), then the charge is dismissed.

 

[AZJohnW]

Thanks again, seniorjudge. I highly doubt that defense will apply in this case, but I guess it's something to look into.

Obviously, getting out of the ticket would be ideal, but realistically, I would be overjoyed if I could find a way to avoid a criminal record for doing something as stupid as speeding.

 

[FlyingRon]

You might contact the states attorney (or whoever prosecutes these things) and see if they have some deal to plea down to a non-criminal moving violation. They will do that here if you have a clean record and you haven't busted the law too much (30 over they may forgive but 100MPH they will not).

In any case, you should consult an attorney on a criminal charge. There's more at stake than just higher insurance premiums.

 

[Robbie0723]

A criminal charge can haunt you your entire life.

Do not just pay the ticket. Take this very seriously. You need to speak with an attorney.

 

[AZJohnW]

It looks like the best thing to do is to sit down with an attorney, but now I can go in with some reasonable expectations. Thank you everyone for all the help!