Failure to stop at red light...with good reason!

[GREENJEEP]

What is the name of your state? VIRGINIA

Last week I received a "failure to stop at red light" after running a red that could have caused an intersection fender bender. Court is TOMORROW and what I need to know is do I plead guilty, not guilty, or no contest? By definition, I am "guilty" because I did, in fact, run the red light. However, I have been getting conflicting advice that immediately accusing myself in some courts will have the judge sentence me guilty and dismiss it without listening to my explanation. The car in front of me quickly slowed like he would stop, but ended up going anyway [and also ran the red], so at that point coming to a screeching halt would have resulted in the car that was tailing me to crash into me, for sure. I NEED TO EXPLAIN THIS and don't want to get quickly dismissed if I say I'm guilty. However, can "no contest" be used in traffic court?? I'm pretty sure "Mens Rea" [without intent] can only be used in criminal court.

ANYWAY, the point is, over 2 years ago I had a DUI, been clean ever since, but am on probation. I CANNOT HAVE THIS ON MY RECORD. I'm graduating in December and this is going to effect my possible federal job, as well as suspend my license. Anyone have any advice on if I should plead GUILTY or NOT GUILTY or NO CONTEST??

 

[Pugilist]

The following advice is based on my assumption that tomorrow's session is an arraignment, not a trial.

First of all, you need to find out what is a "clean record" for purposes of the job you want and not breaking your probation. If you need to be able to say that you've never been convicted of a ticket, then an expungement for attending some kind of traffic violator program might not be "clean" enough. You might need to go for broke, hire a lawyer, and fight the ticket for all you're worth, to get a not guilty (totally clean record).

You will need to show up tomorrow, no matter what. I suggest that you plea bargain. Tell the judge that you're willing to pay $$$, but need a clean record (tell him how clean it needs to be) so that you can graduate and become a taypaying citizen. If he won't make a suitable deal, then tell him, respectfully, that you wish to plead not guilty. You will be scheduled for a trial on a later date.

If you don't feel comfortable plea bargaining for yourself (after all, you have said that this could affect the rest of your life) and want a lawyer to represent you at arraignment, tell that to the judge tomorrow. Don't put in a plea of any kind, tomorrow. He will allow you a 1 or 2 week extension so that you can find a lawyer. (And by the way, there are lots of lawyers now who specialize in traffic matters. So talk to at least three, then sleep on it, before you hire one.)

For all the above I've assumed that tomorrow is an arraignment. But if tomorrow is just your deadline to show up at the clerk's window, you won't actually appear before a judge, tomorrow. At the clerk's window, you MAY have the option of getting an extension. That's a good option, if traveling to the court repeatedly is not a problem for you. The other option is to ask the clerk to set an arraignment date (so you can come in and bargain, as suggested above). Either way would give you plenty of time to hire a lawyer, if you wish to do so.

Pug

 

[GREENJEEP]

First, thanks for the timely advice.

When I say for my job I don't want this on there, it is mainly because once it is noted that I have violated my probation I most likely will get a restricted license, thus not a VALID license. There's nothing directly threatening my job here, I just don't want to take the chance.

I understand what you're saying; hire a lawyer and practice due diligence. But for the sake of simplicity [if at all], and the fact that this was a traffic misdemeanor, at most, do you think if I plead "not guilty" I would be contradicting myself? This is based on Mens Rea, that I had no intent to run the light and although i DID run it, I had very good reason. If I plead guilty he's going to expedite the case to speed up his docket.

I just can't afford the lawyer or to put this off and am wondering which of the three I should plead.

 

[Pugilist]

Pleading not guilty doesn't contradict yourself. All it means is that you want the judge to listen to your full defense and acquit you if he finds your action to be justified.

If you just go in and plead guilty right away, you have nothing to bargain with, and will get nothing.

Pug